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HomeMy WebLinkAboutAgenda Packet City Council - 02/18/2020City Council City of Corpus Christi Meeting Agenda - Final-revised 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers11:30 AMTuesday, February 18, 2020 Addendums may be added on Friday. A.Mayor Joe McComb to call the meeting to order. B.Invocation to be given by Pastor Chuck Goodwin, Fish for Life Ministries. C.Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Gilbert Hernandez, Director of Municipal Court. D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E.Presentation: Gulf Coast Growth Ventures Project Overview by Paul Guilfoyle F.Proclamations / Commendations 1.20-0222 Proclamation declaring February 18, 2020, "Taoist Tai Chi 50th Anniversary Day". Proclamation declaring February 16-22, 2020, "National Engineer's Week". Check Presentation by Parks Arts Leisure and Seniors (PALS) to Parks and Recreation Department. G.PUBLIC COMMENT - APPROXIMATELY 12:00 P.M. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Communication department at 361-826-3211 to coordinate. This is a public hearing for all items on this agenda. H.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS: a.OTHER I.MINUTES: (NONE) Page 1 City of Corpus Christi Printed on 2/17/2020 February 18, 2020City Council Meeting Agenda - Final-revised J.BOARD & COMMITTEE APPOINTMENTS: 2.20-0231 Committee for Persons with Disabilities (4 vacancies) Reinvestment Zone No. 2 Board (1 additional member) Sister City Committee (1 vacancy) K.EXPLANATION OF COUNCIL ACTION: L.CONSENT AGENDA: (ITEMS 3 - 13) Consent - Second Reading Ordinances 3.20-0051 Zoning Case No. 1119-03, Morteza Shafinury and Abdolrhim Aminzadeh (District 5). Ordinance rezoning property at or near 7121 Saratoga Boulevard (State Highway 357) from the “RM-1” Multifamily 1 District and “CG-2” General Commercial District to the “IL” Light Industrial District. Planning Commission and Staff recommend Denial and in lieu thereof approval of the “CG-2/SP” General Commercial District with a Special Permit with conditions. Sponsors:Development Services 4.20-0054 Zoning Case No. 1219-03, MVR Construction Company (District 4). Ordinance rezoning property at or near 2301 Flour Bluff Drive from the “RS-6” Single-Family 6 District and “CG-2” General Commercial District to the “RS-4.5” Single-Family 4.5 District. Planning Commission and Staff recommend Approval. Sponsors:Development Services 5.20-0153 Ordinance amending the Urban Transportation Plan map of MobilityCC, a transportation element of the City’s Comprehensive Plan, to adjust the location of the future Oso Parkway relative to the Oso Creek flood zones; to eliminate a north-south Collector street that becomes unnecessary when Oso Parkway is shifted westward; to adjust the connection between CR 43 East and Oso Parkway; and to connect CR 20A with Oso Parkway. (Located near Council District 5) Sponsors:Planning & Environmental Services 6.20-0175 Ordinance authorizing a Wastewater Force Main and Lift Station Construction and Reimbursement Agreement with Tamez Development Corporation to construct wastewater force main and lift station for a planned residential subdivision located on CR-43 with a completion date of February 28, 2022; transferring $300,000 from the Sanitary Sewer Collection Line Trust Fund and $200,000 from the 4030 Water Distribution Main Trust Fund to the Sanitary Sewer Trunk System Trust Fund; and appropriating $1,965,620.00 from the Sanitary Sewer Trunk System Trust Fund to reimburse the Developer per the agreement. (District 5) Sponsors:Development Services Page 2 City of Corpus Christi Printed on 2/17/2020 February 18, 2020City Council Meeting Agenda - Final-revised 7.20-0208 Ordinance authorizing a Type B Affordable Housing agreement with TG 110 Village at Greenwood GP, LLC in the amount of $1,250,000 for a $12.7 million dollar development with 30 affordable housing rental units out of a total of 60 multi-family, mixed income units to be paid over two years; appropriating funds in the amount of $625,000 from the Type B Affordable Housing Fund; and amending the budget. Sponsors:Human Resources 8.20-0016 Ordinance authorizing a purchase from Twincrest Technologies, of Fort Worth, Texas for the Wavetronix Radar Detection System for a total amount of $1,102,665 for Public Works/Street Operations Department to be used for traffic signal vehicle detection and funded by the Streets Fund; and amending the budget to appropriate $1,102,665 in Street Operation Reserves. Sponsors:Public Works/Street Department and Contracts and Procurement Consent - Contracts and Procurement 9.20-0135 Motion authorizing an amendment to Supply Agreement No. 1903 with Chemtrade Chemicals US, LLC., of Parsippany, New Jersey for an additional 36-month term for an amount not to exceed to $5,185,200.00, allowing a price reduction per wet ton for a cost savings of $2,536,746.00 over three years for the purchase of liquid aluminum sulfate for the water treatment process at the O.N. Stevens Water Treatment Plant with funding in the amount of $1,113,600.00 made available in the FY 2020 Water Fund. Sponsors:Utilities Department and Contracts and Procurement Consent - Capital Projects 10.20-0044 Motion to award a contract to Bath Engineering for engineering design services for mechanical, electrical, and plumbing (MEP) upgrades at the Frost Bank building in the amount of $63,180 for the Fire Headquarters and Emergency Operations Center project, located in Council District 1, work beginning upon issuance of notice to proceed, and funding is available from Bond 2018 Public Safety Improvement funds. Sponsors:Engineering Services, Contracts and Procurement and Asset Management Department 11.20-0097 Motion approving Amendment No.1 to a contract with Bath Engineering for design, bid and construction phase services for the Museum of Science & History mechanical improvements, in the amount of $26,415 for a total restated contract amount of $63,645, located in City Council District 1, effective upon notice to proceed, with funding approved and available from Bond 2018 Libraries and Cultural Facilities. Sponsors:Engineering Services, Contracts and Procurement and Asset Management Page 3 City of Corpus Christi Printed on 2/17/2020 February 18, 2020City Council Meeting Agenda - Final-revised Department General Consent Items 12.20-0203 Resolution authorizing an interlocal agreement with the Texas Department of Public Safety for the Failure to Appear Program which denies the renewal of a driver's license of a person who fails to appear in Municipal Court for a complaint or citation or fails to pay or satisfy a judgment. Sponsors:Municipal Court Administration 13.20-0204 Resolution nominating Flint Hills Resources Corpus Christi, LLC to the Office of the Governor Economic Development & Tourism through the Economic Development Bank as a single enterprise project pursuant to the Texas Enterprise Zone Act. Sponsors:City Manager's Office M.RECESS FOR LUNCH N.PUBLIC HEARINGS: (NONE) O.REGULAR AGENDA: (NONE) P.FIRST READING ORDINANCES: (ITEMS 14 - 18) 14.20-0134 Ordinance accepting a grant in the amount of $10,000 from The Hartford to be used to support fire safety education efforts and programming; and appropriating the funds into the FY2020 Fire Grant Fund. Sponsors:Fire Department 15.20-0136 Ordinance authorizing acceptance of a grant from the Texas Division of Emergency Management in the amount of $54,887.82 for the 2019 Emergency Management Performance Grant with a City cash match of $54,887.82 from the FY2020 Emergency Management General Fund; and appropriating $54,887.82 in the FY2020 Emergency Management Grants Fund. Sponsors:Fire Department 16.20-0173 Ordinance accepting a $180,000 donation for the Games of Texas from the P.A.L.S. Fund (Parks, Arts, Leisure and Seniors Fund), a Texas nonprofit corporation; and appropriating in the General Fund. Sponsors:Parks and Recreation Department 17.19-1631 Ordinance amending City Code of Ordinances, Chapter 12, Section 12-10, establishing a 200-foot restricted zone as required by Texas Commission on Environmental Quality through Texas Administrative Code Title 30 Chapter 290, Section 290.41(e) (2) (C) at the City’s raw water intake on the Nueces River; and providing penalties. Page 4 City of Corpus Christi Printed on 2/17/2020 February 18, 2020City Council Meeting Agenda - Final-revised Sponsors:Utilities Department 18.20-0168 Ordinance approving a five-year Business Incentive Agreement between the Type B Corporation and LiftFund Inc. in the amount of $100,000 for the Dream Makers Fund, a revolving loan fund for small businesses within the city limits of Corpus Christi, effective upon signature of the City Manager or designee; appropriating funds in the amount of $100,000 from the Type B Economic Development Fund; and amending the budget. Sponsors:City Manager's Office Q.BRIEFINGS: (ITEM 19) 19.20-0209 Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update to City Council for the quarter ending December 31, 2019 Sponsors:City Manager's Office R.ELECTRICAL ADVISORY BOARD APPEAL (ITEM 20) The Appeal will proceed using the following format: 20.20-0213 City Council consideration of an appeal of Lamp Lighter Electrical Contractor’s six-month suspension of City electrical registration by the Corpus Christi Electrical Advisory Board on November 21, 2019 Sponsors:Development Services and Legal Department S.EXECUTIVE SESSION: (ITEM 21) 21.20-0229 Executive session pursuant to Texas Government Code 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning potential litigation between Valero Refining - Texas, L.P. and other similarly situated commercial property and Nueces County Appraisal District, Corpus Christi ISD, City of Corpus Christi, County of Nueces, Del Mar College, and Nueces County Hospital District related to value or appraised value of Valero property in Nueces County for tax years 2018, 2019, and 2020. T.IDENTIFY COUNCIL FUTURE AGENDA ITEMS U.ADJOURNMENT Page 5 City of Corpus Christi Printed on 2/17/2020 Duties Composition Member Size Term Length Term Limit 9 2 years 6 Years Name District Term Appt. date End date Appointing AuthorityPosition Status Attendance *Melanie R Gomez District 2 1 7/17/2018 2/1/2020 City Council Seeking reappointment 10/10 meetings 100% *Marshall Burns District 2 3 5/14/2013 2/1/2020 City Council Vice-Chair Met the six-year service limitation *Anthony M Navarrette District 3 1 1/17/2017 2/1/2020 City Council Seeking reappointment 9/10 meetings 90% (1 excused absence) *James (T.C.) Chadden District 2 1 2/19/2019 2/1/2020 City Council Resigned Dr. Anthony Zoccolillo District 4 2 3/8/2016 2/1/2021 City Council Active Mary C Bustos District 3 3 4/15/2014 2/1/2021 City Council Active Vanessa P Nisbet District 2 1 2/19/2019 2/1/2021 City Council Active Richard Balli District 2 3 11/12/2013 2/1/2021 City Council Chair Active Sabrina Ramirez District 1 2 10/17/2017 2/1/2021 City Council Active Parks and Recreation Director N/A N/A N/A Ex-Officio, Non-voting Active Building Official N/A N/A N/A Ex-Officio, Non-voting Active Human Relations Administrator N/A N/A N/A Ex-Officio, Non-voting Active COMMITTEE FOR PERSONS WITH DISABILITIES *Four (4) vacancies with terms to 02/01/22. The Committee for Persons with Disabilities provides a program to encourage, assist and enable persons with disabilities to participate in the social and economic life of the City; to achieve maximum personal independence; to become gainfully employed; and to enjoy fully and use all public and private facilities available within the community. Nine (9) residents of the city who shall be appointed by the City Council. The membership of the committee shall be composed of individuals with disabilities and representatives of agencies and organizations functioning within the committee'’s area who are interested in the provision of services to persons with disabilities and others who are interested in the abilities and specific needs of persons with disabilities, subject to Council approval. The Human Relations Administrator, Director of Parks and Recreation, and Building Official shall serve as ex-officio non-voting members. The Chairperson of the Committee for Persons with Disabilities shall serve as an ex-officio voting member of the Human Relations Commission. 2-18-2020 Name District Michael J Brady District 5 Christina C Buttler District 2 Amanda I Lopez District 4 Edward Y Pettijohn Sr.District 3 Serita Porter District 4 Richard Rosa District 4 Huxley T Smith District 5 Lynn A Valley District 1 COMMITTEES FOR PERSONS WITH DISABILITIES Applicants Duties: Composition Member Size Term Length 12 2 Name District Term Appt. date End date Appointing Authority Position Status Category Barbara Canales 1 11/2/2018 11/1/2020 Nueces County Active Nueces Co. Jim Needham 1 1/31/2019 11/1/2020 Flour Bluff I.S.D.Active Flour Bluff I.S.D. Sylvia A Tryon Oliver District 2 Partial 9/26/2019 11/1/2020 Nueces County Hospital District Active Nueces County Hospital District Gabriel Rivas 3 11/2/2018 11/1/2020 Del Mar College Active Del Mar College Roland Barrera District 3 2 11/2/2019 11/1/2021 City Council Active City Rudy Garza District 5 4 11/2/2019 11/1/2021 City Council Active City Paulette Guajardo 2 11/2/2019 11/1/2021 City Council Active City Gil Hernandez 2 11/2/2019 11/1/2021 City Council Active City Michael T. Hunter 2 4/12/2016 11/1/2021 City Council Active City Joe McComb 2 11/2/2019 11/1/2021 City Council Active City Ben Molina District 5 2 11/2/2019 11/1/2021 City Council Active City Everett Roy District 1 2 11/2/2019 11/1/2021 City Council Active City Greg Smith District 4 2 11/2/2019 11/1/2021 City Council Chair Active City The Board shall consist of at least five and not more than fifteen (15) members. The members shall be appointed as follows: Pursuant to Sec. 311.009(a), Tax Code, the respective governing bodies of each taxing unit other than the City each may appoint one (1) member of the board. A taxing unit may waive its right to appoint a Director. The remaining members of the board are appointed by the City Council. The City Council shall have the right to appoint up to ten (10) members, and the board shall exceed fifteen (15) members if necessary for the City Council to make said ten (10) appointments. To be eligible for appointment an individual must be a qualified voter of the City or be at least 18 years of age or older and own real property in the zone. Each year the governing body of the municipality or county that created the zone shall appoint one member of the board to serve as Chairman for a term of one-year that begins on January 1 of the following year. The Board of Directors may elect a Vice-Chairman to preside in the absence of the Chairman or when there is a vacancy in the office of the Chairman. The board may elect other officers as it considers appropriate. The Reinvestment Zone No. 2 Board shall make recommendations to the City Council concerning the administration of the zone. The Board shall prepare and adopt a project plan and reinvestment zone financing plan for the zone and submit such plans to the City Council for its approval in accordance with Section 311.011, Texas Tax Code. The Board shall exercise other powers and responsibilities with respect to the zone only to the extent expressly granted by the City Council by ordinance or resolution. *One (1) additional member with term to 11/01/2021, representing the following category: 1 - Nueces County Representative. (On 1-22-2020, the Nueces County Commissioners Court approved a motion to request one additional board position for Tax Increment Reinvestment Zone (TIRZ) No. 2 and recommend Brent Chesney as their second representative.) REINVESTMENT ZONE NO. 2 BOARD 2-18-2020 *One (1) vacancy with term to 9-1-21. Duties Composition Member Size Term Length Term Limit 9 3 6 Name District Term Appt. date End date Appointing Authority Position Status *Sharon Hines District 4 1 9/18/2018 9/1/2021 City Council Exceeded the number of absences allowed by ordinance Almira Flores District 4 1 11/7/2017 9/1/2020 City Council Active John Garcia District 5 Partial 1/14/2020 9/1/2020 City Council Active Jason Page District 4 Partial 1/14/2020 9/1/2020 City Council Active Deacon Mark C Arnold District 4 1 9/18/2018 9/1/2021 City Council Active Melody H. Cooper District 3 1 11/7/2017 9/1/2021 City Council Chair Active Gargi Bhowal District 5 1 8/27/2019 9/1/2022 City Council Active Luis F Cabrera District 2 1 8/27/2019 9/1/2022 City Council Active Susane "westi" Horn District 5 1 8/27/2019 9/1/2022 City Council Active Mayor's Office Rep.N/A N/A N/A Ex-Officio, Non-voting Active C.C. International Airport Rep.N/A N/A N/A Ex-Officio, Non-voting Active Parks and Recreation Rep.N/A N/A N/A Ex-Officio, Non-voting Active SISTER CITY COMMITTEE The Sister City Committee studies ways and means of improving relations with the Corpus Christi Sister Cities and to advise and consult with and assist the Mayor, the City Council, the City Manager and all other City agencies, boards and officials in accomplishing the purposes of the Sister City Program. The Committee shall consist of nine (9) members who shall be appointed by the City Council and shall serve three-year terms. In addition, representatives from the following City departments shall serve as ex-officio, non-voting members of the steering committee: Mayor's Office, Corpus Christi International Airport and Parks and Recreation. The officers of the steering committee shall consist of a General Chair and Vice-Chair. The Chair and Vice-Chair shall be elected by majority vote of the Sister City Committee annually. If the General Chair is absent, the Vice-Chair shall serve as General Chair during his/her absence. The steering committee may appoint any other subcommittee as, in its judgment, will aid it in carrying out its duties. The steering committee shall determine the membership of each said subcommittee, its duties and chairman. The membership of each said subcommittee shall consist of members of the steering committee and, at the option of the steering committee, members from the community at-large. 2-18-2020 Name District Fernando Moral-Iglesias District 5 SISTER CITY COMMITTEE Applicants DATE: December 23, 2019 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 1119-03, Morteza Shafinury and Abdolrhim Aminzadeh (District 5). Ordinance rezoning property at or near 7121 Saratoga Boulevard (State Highway 357) from the “RM-1” Multifamily 1 District and “CG-2” General Commercial District to the “IL” Light Industrial District. SUMMARY: The purpose of the zoning request is to allow for the construction of showroom warehouses. BACKGROUND AND FINDINGS: The subject property is 3.75 acres in size. According to the applicant the purpose of the request is to construct showroom warehouses. The applicant has not submitted any specific plans concerning the retail center. Conformity to City Policy The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a medium density residential use. The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC), the current Southside ADP, and the draft Southside ADP. The proposed rezoning and the proposed use of showroom warehouses are incompatible with neighboring properties and with the general character of the surrounding area. The “IL” Light Industrial District allows uses such as heavy vehicle repair, warehousing, waste-related services, open storage, and social service uses. Public Input Process Number of Notices Mailed 4 within 200-foot notification area 6 outside notification area As of December 13, 2019: In Favor In Opposition Rezoning a property at or near 7121 Saratoga Boulevard (State Highway 357) AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 02/11/20 Second Reading Ordinance for the City Council Meeting 02/18/20 0 inside notification area 0 outside notification area 0 inside notification area 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended denial of the change of zoning from the “RM-1” Multifamily 1 District and “CG-2” General Commercial District to the “IL” Light Industrial District, in lieu thereof, approval of the “CG-2/SP” General Commercial District with a Special Permit (SP) with conditions on December 18, 2019. ALTERNATIVES: 1. Approval of the change of zoning from the “RM-1” Multifamily 1 District and “CG-2” General Commercial District to the “IL” Light Industrial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends denial of the zoning request, in lieu thereof, approval of a Special Permit. Planning Commission recommended denial of the change of zoning from the “RM-1” Multifamily 1 District and “CG-2” General Commercial District to the “IL” Light Industrial District, in lieu thereof, approval of the “CG-2/SP” General Commercial District with a Special Permit (SP) with conditions with following vote count. Vote Count: For: 9 Opposed: 0 Absent: 0 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 1119-03, Morteza Shafinury and Abdolrhim Aminzadeh (District 5). Ordinance rezoning property at or near 7121 Saratoga Boulevard (State Highway 357) from the “RM-1” Multifamily 1 District and “CG-2” General Commercial District to the “CG-2/SP” General Commercial District with a Special Permit. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi’s Unified Development Code (“UDC”) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Lot 1, Block 1, Brandywine South Unit 1 as shown in Exhibit “A”: from the “RM-1” Multifamily 1 District and “CG-2” General Commercial District to the “CG-2/SP” General Commercial District with a Special Permit. The subject property is located at or near 7121 Saratoga Boulevard (State Highway 357). Exhibit A, which is a map of the subject property attached to and incorporated in this ordinance. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district are as defined by the Unified Development Code (UDC) in Section 5.1.4.I “Vehicle Sales and Service”, Section 5.1.5.A “Light Industrial Page 2 of 5 Service, except Fuel storage (above ground), Section 5.1.5.B “Warehouse and Freight Movement” except bus barn, coal and coke storage and sales, milk distributing station, the stockpiling of sand, gravel, or other aggregate materials, and in Section 5.1.5.D “Wholesale Trade” except Farm Equipment and machinery sales and repair, Earth moving and heavy construction equipment sales and repair, Greenhouse (Wholesale), and Truck sales and repair (Heavy load vehicles). 2. Buffer Yard: A 10-foot wide buffer yard and 5 buffer yard points shall be required along the southern, eastern, and western property boundaries. 3. Outdoor Storage: Any outdoor storage is prohibited. 4. Lighting: All lighting must be shielded and directed away from adjacent properties and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line. 5. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 6. Hours of Operation: The hours of operation shall be daily from 6:00 AM to 9:00 PM. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twenty-four (24) months of this ordinance, unless a complete building permit application has been submitted or, a certificate of occupancy or UDC compliance has been issued. The Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. Page 3 of 5 SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This ordinance shall become effective upon publication. Page 4 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 5 of 5 Exhibit A Zoning Case No. 1119-03, Morteza Shafinury and Abdolrhim Aminzadeh (District 5). Ordinance rezoning property at or near 7121 Saratoga Boulevard (State Highway 357) from the “RM-1” Multifamily 1 District and “CG-2” General Commercial District to the “IL” Light Industrial District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi’s Unified Development Code (“UDC”) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Lot 1, Block 1, Brandywine South Unit 1 as shown in Exhibit “A”: from the “RM-1” Multifamily 1 District and “CG-2” General Commercial District to the “IL” Light Industrial District. The subject property is located at or near 7121 Saratoga Boulevard (State Highway 357). Exhibit A, which is a map of the subject property attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the Page 2 of 4 City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 3 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 4 Exhibit A PLANNING COMMISSION FINAL REPORT Case No. 1119-03 INFOR No. 19ZN1032 Planning Commission Hearing Date: December 18, 2019 Applicant & Legal Description Owner: Morteza Shafinury and Abdolrhim Aminzadeh Applicant: Saldana Consulting Location Address: 7121 Saratoga Boulevard (State Highway 357) Legal Description: Lot 1, Block 1, Brandywine South Unit 1, located along the south side of Saratoga Boulevard (State Highway 357), west of Airline Road, and east of Rodd Field Road. Zoning Request From: “RM-1” Multifamily 1 District and “CG-2” General Commercial District To: “IL” Light Industrial District Area: 3.75 acres Purpose of Request: To allow for the construction of showroom warehouses. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “RM-1” Multifamily 1 and “CG-2” General Commercial Vacant Medium Density Residential North “CG-2” General Commercial Commercial Commercial South “RM-1” Multifamily 1 Vacant and Public/Semi-Public Government East “RM-1” Multifamily 1 and “CG-2” General Commercial Vacant and Commercial Government West “CG-2” General Commercial and “IL” Light Industrial Vacant and Public/Semi-Public Agricultural ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the “IL” Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC), and warrants an amendment to the Future Land Use Map. Map No.: 041032 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 180 feet of street frontage along Saratoga Boulevard (State Highway 357) which is designated as a “A3” Primary Arterial Street. According to the Urban Transportation Plan, “A3” Primary Arterial Streets can convey a capacity between 30,000 to 48,000 Average Daily Trips (ADT). Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Saratoga Boulevard (SH 357) “A3” Primary Arterial 130’ ROW 79’ paved 125’ ROW 66’ paved 13,747 ADT (2013) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “RM-1” Multifamily 1 District and “CG-2” General Commercial District to the “IL” Light Industrial District to allow for the construction of showroom warehouses. The subject property is 3.75 acres in size. According to the applicant, the purpose of the rezoning request is to construct showroom warehouses and additional structures for multiple uses. No additional details were provided to identify the other potential uses of the site. Existing Land Uses & Zoning: The subject property is currently zoned “RM-1” Multifamily 1 District and “CG-2” General Commercial District, consists of vacant land, and has remained relatively undeveloped since annexation in 1995. To the north across Saratoga Boulevard (State Highway 357) is a retail shopping center zoned “CG-2” General Commercial District. To the south and east is a vacant property and a church (Calvary Chapel Coastlands) zoned “CG-2” General Commercial District and “RM-1” Multifamily 1 District. To the west is a vacant property and bank zoned “IL” Light Industrial District and “CG-2” General Commercial. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Utilities: Water: 12-inch C900 line located along Saratoga Boulevard (SH 357. Wastewater: Not currently available. Extension will be needed. Gas: 8-inch Service Line located along Saratoga Boulevard (SH 357). Storm Water: 30-inch located along Saratoga Boulevard (SH 357). Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a medium density residential use. According to the draft Southside Area Development Plan, the subject property is planned for mixed uses. The proposed rezoning to the “IL” Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). Staff Report Page 3 • Support the separation of high-volume traffic from residential areas or other noise-sensitive land uses (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Promote interconnected neighborhoods with appropriate transitions between lower-intensity and higher-intensity land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas. (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC), the current Southside ADP, and the draft Southside ADP. • The proposed rezoning and the proposed use of showroom warehouses are incompatible with neighboring properties and with the general character of the surrounding area. • The “IL” Light Industrial District allows uses such as heavy vehicle repair, warehousing, waste-related services, open storage, and social service uses. • A buffer yard will be required between the potential “IL” District and the “RM-1” District and “CG-2” District to the east. The required buffer yards will be a Type C Buffer Yard is a 15-foot yard with at least 15-points and a Type A Buffer Yard is a 10-foot yard with at least 5-points. Planning Commission and Staff Recommendation (December 18, 2019): Denial of the change of zoning from the “RM-1” Multifamily 1 District and “CG-2” General Commercial District to the “IL” Light Industrial District, in lieu thereof, approval of the “CG- 2/SP” General Commercial District with a Special Permit (SP) with the following conditions. 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district are as defined by the Unified Development Code (UDC) in Section 5.1.4.I “Vehicle Sales and Service”, Section 5.1.5.A “Light Industrial Service, except Fuel storage (above ground), Section 5.1.5.B “Warehouse and Freight Movement” except bus barn, coal and coke storage and sales, milk distributing station, the stockpiling of sand, gravel, or other aggregate materials, and in Section 5.1.5.D “Wholesale Trade” except Farm Equipment and machinery sales and repair, Earth moving and heavy construction equipment sales and repair, Greenhouse (Wholesale), and Truck sales and repair (Heavy load vehicles). 2. Buffer Yard: A 10-foot wide buffer yard and 5 buffer yard points shall be required along the southern, eastern, and western property boundaries. 3. Outdoor Storage: Any outdoor storage is prohibited. Staff Report Page 4 4. Lighting: All lighting must be shielded and directed away from adjacent properties and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line. 5. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 6. Hours of Operation: The hours of operation shall be daily from 6:00 AM to 9:00 PM. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twenty-four (24) months of this ordinance, unless a complete building permit application has been submitted or, a certificate of occupancy or UDC compliance has been issued. The Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Public Notification Number of Notices Mailed – 4 within 200-foot notification area 6 outside notification area As of December 13, 2019: In Favor – 0 inside notification area – 0 outside notification area In Opposition – 0 inside notification area – 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2019/1119-03 Shafinury and Aminzadeh (Saldana)/Council Documents/Report - Shafinury and Aminzadeh.docx Staff Report Page 5 Morteza Shafinury and Abdolrhim Aminzadeh Rezoning for a Property at 7121 Saratoga Boulevard (SH 357) From “RM-1” & “CG-2” To “IL” Zoning Case #1119-03 N City Council February 11, 2020 2 N 4.62 Acre Remainder Aerial Overview 3 Zoning Pattern 4 Denial of the “IL” Light Industrial District In lieu thereof, Approval of the “CG-2/SP” General Commercial District with a Special Permit Planning Commission and Staff Recommendation 5 SP Conditions 1.Uses:The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district are as defined by the Unified Development Code (UDC)in Section 5.1.4.I “Vehicle Sales and Service”, Section 5.1.5.A “Light Industrial Service, except Fuel storage (above ground),Section 5.1.5.B “Warehouse and Freight Movement” except bus barn, coal and coke storage and sales,milk distributing station,the stockpiling of sand,gravel,or other aggregate materials,and in Section 5.1.5.D “Wholesale Trade” except Farm Equipment and machinery sales and repair,Earth moving and heavy construction equipment sales and repair, Greenhouse (Wholesale),and Truck sales and repair (Heavy load vehicles). 2.Buffer Yard :A 10-foot wide buffer yard and 5 buffer yard points shall be required along the southern, eastern, and western property boundaries. 3.Outdoor Storage:Any outdoor storage is prohibited. 6 SP Conditions 4.Lighting:All lighting must be shielded and directed away from adjacent properties and nearby streets.Cut-off shields are required for all lighting. No light projection is permitted beyond the property line. 5.Noise:Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells,or similar devices are prohibited. 6.Hours of Operation:The hours of operation shall be Monday through Saturday from 6:00 AM to 9:00 PM. 7.Other Requirements:The Special Permit conditions listed herein do not preclude compliance with other applicable UDC,Building, and Fire Code Requirements. 8.Time Limit:In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (24) months of this ordinance, unless a complete building permit application has been submitted or,a certificate of occupancy or UDC compliance has been issued.The Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. 7 4.62 Acre Remainder Use Tables 8 4.62 Acre Remainder Use Tables 9 UDC Requirements Buffer Yards: IL to RM-1: Type C: 10’ & 10 pts. IL to CG-2: Type A: 10’ & 5 pts. Setbacks: Street: 20 feet Side/Rear: 0 feet Parking: N/A Landscaping, Screening, and Lighting Standards Uses Allowed: Light Industrial, Retail, Offices, Vehicle Sales, Bars, and Storage. 10 Utilities Water: 12-inch C900 Wastewater: N/A Gas: 8-inch Service Line Storm Water: 30-inch Line 11 Public Notification 4 Notices mailed inside 200’ buffer 6 Notices mailed outside 200’ buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 DATE: December 23, 2019 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 1219-03, MVR Construction Company (District 4). Ordinance rezoning property at or near 2301 Flour Bluff Drive from the “RS-6” Single-Family 6 District and “CG-2” General Commercial District to the “RS-4.5” Single-Family 4.5 District. SUMMARY: The purpose of the zoning request is to allow for the construction of a single-family residential subdivision. BACKGROUND AND FINDINGS: The subject property is 32.09 acres in size. According to the applicant the purpose of the request is to construct a single-family residential subdivision. Conformity to City Policy The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for a low-density residential use. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining residential properties, and does not have a negative impact upon the adjacent commercial properties. However, warrants an amendment to the Future Land Use Map. The property is currently vacant and is a remaining “RS- 6” Single-Family 6 District tract. Adjacent to the north is a single-family home subdivision (Shoreline Oaks; 2005) zoned “RS-4.5” Single-Family 4.5 District and consists of 210 lots. Public Input Process Number of Notices Mailed 53 within 200-foot notification area 7 outside notification area As of December 13, 2019: In Favor 0 inside notification area In Opposition 2 inside notification area Rezoning a property at or near 2301 Flour Bluff Drive AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 02/11/20 Second Reading Ordinance for the City Council Meeting 02/18/20 0 outside notification area 0 outside notification area Totaling 2.01% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission approval of the change of zoning from the “RS-6” Single-Family 6 District and “CG-2” General Commercial District to the “RS-4.5” Single-Family 4.5 District on December 18, 2019. ALTERNATIVES: 1. Denial of the change of zoning from the “RS-6” Single-Family 6 District and “CG-2” General Commercial District to the “RS-4.5” Single-Family 4.5 District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the “RS-6” Single- Family 6 District and “CG-2” General Commercial District to the “RS-4.5” Single-Family 4.5 District with following vote count. Vote Count: For: 8 Opposed: 0 Absent: 0 Abstained: 1 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 1219-03, MVR Construction Company (District 4). Ordinance rezoning property at or near 2301 Flour Bluff Drive from the “RS-6” Single-Family 6 District and “CG-2” General Commercial District to the “RS-4.5” Single-Family 4.5 District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi’s Unified Development Code (“UDC”) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as being a 32.09 acre tract, over and across a portion of Lot 1, Block 1, El Recuerdo Subdivision, a map of which is recorded in Volume 59, Pages 97, Map Records of Nueces County, Texas and portions of Lots 11 through 14, Section 14, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the said Map Records as shown in Exhibit “A”: from the “RS-6” Single-Family 6 District and “CG-2” General Commercial District to the “RS-4.5” Single-Family 4.5 District. The subject property is located at or near 2301 Flour Bluff Drive. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, Page 2 of 5 both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 3 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 5 Exhibit A Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 1219-03 INFOR No. 19ZN1038 Planning Commission Hearing Date: December 18, 2019 Applicant & Legal Description Owner: MVR Construction Company Applicant: Urban Engineering Location Address: 2301 Flour Bluff Drive Legal Description: Being a 32.09 acre tract, over and across a portion of Lot 1, Block 1, El Recuerdo Subdivision, a map of which is recorded in Volume 59, Pages 97, Map Records of Nueces County, Texas and portions of Lots 11 through 14, Section 14, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the said Map Records; located along the west side of Flour Bluff Drive, south of Purdue Road, and north of Glenoak Drive. Zoning Request From: “RS-6” Single-Family 6 District and “CG-2” General Commercial District To: “RS-4.5” Single-Family 4.5 District Area: 32.09 acres Purpose of Request: To allow for the construction of a single-family residential subdivision. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “RS-6” Single-Family 6 and “CG-2” General Commercial Vacant Low Density Residential and Flood Plain Conservation North “RS-4.5” Single-Family 4.5 and “CG-2” General Commercial Vacant, Low Density Residential and Commercial Low and Medium Density Residential South “RS-6” Single-Family 6 and “RM-1” Multifamily 1 Vacant Low Density Residential East “RS-6” Single-Family 6 Low Density Residential Medium Density Residential West “RS-6” Single-Family 6 Vacant and Low Density Residential Low Density Residential and Flood Plain Conservation ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for a low density residential use. The proposed rezoning to the “RS-4.5” Single-Family 4.5 District is consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. Map No.: 037030 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 660 feet of street frontage along Flour Bluff Drive which is designated as a “A1” Minor Arterial Street. According to the Urban Transportation Plan, “A1” Minor Arterial Streets can convey a capacity between 15,000 to 24,000 Average Daily Trips (ADT). Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Flour Bluff Drive “A1” Minor Arterial 95’ ROW 64’ paved 112’ ROW 25’ paved N/A Purdue Road “C1” Minor Collector 60’ ROW 40’ paved N/A N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “RS-6” Single-Family 6 District and “CG-2” General Commercial District to the “RS-4.5” Single-Family 4.5 District to allow for the construction of a single-family residential subdivision. Development Plan: The subject property is 32.09 acres in size. According to the applicant, the proposed development will consist of approximately 225 single family residences that will be completed in several phases. Existing Land Uses & Zoning: The subject property is currently zoned “RS-6” Single- Family 6 District and “CG-2” General Commercial District, consists of a farm home and vacant land, and has remained undeveloped since annexation in 1961. To the north is a single-family home subdivision (Shoreline Oaks; 2005) zoned “RS-4.5” Single-Family 4.5 District. To the south is vacant unplatted land zoned “RS-6” Single-Family 6 District and “RM-1” Multifamily 1 District. To the east is a single-family home subdivision (Blue Grass Estates; 2013) zoned “RS-6” Single-Family 6 District. To the west is vacant unplatted land zoned “RS-6” Single-Family 6 District and the Cayo del Oso. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 12-inch ACP line located along Flour Bluff Drive. Wastewater: 24-inch VCP line located along Flour Bluff Drive. Gas: 3-inch Service Line located along Flour Bluff Drive. Storm Water: 48-inch line located along the norther property line. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for a low density Staff Report Page 3 residential use. The proposed rezoning to the “RS-4.5” Single-Family 4.5 District is consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage convenient access from medium-density residential development to arterial roads. (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining residential properties, and does not have a negative impact upon the adjacent residential properties. • The property is currently vacant and is a remaining “RS-6” Single-Family 6 District tract. • Adjacent to the north is a single-family home subdivision (Shoreline Oaks; 2005) zoned “RS-4.5” Single-Family 4.5 District and consists of 210 lots. Planning Commission and Staff Recommendation (December 18, 2019): Approval of the change of zoning from the “RS-6” Single-Family 6 District and “CG-2” General Commercial District to the “RS-4.5” Single-Family 4.5 District. Public Notification Number of Notices Mailed – 53 within 200-foot notification area 7 outside notification area As of December 13, 2019: In Favor – 0 inside notification area – 0 outside notification area In Opposition – 2 inside notification area – 0 outside notification area Totaling 2.01% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Preliminary Layout of Subdivision C. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2019/1219-03 MVR Construction Co/Council Documents/Report - MVR Construction Co.docx Staff Report Page 4 Staff Report Page 5 Staff Report Page 6 Staff Report Page 7 MVR Construction Company Rezoning for a Property at 6734 Saratoga Boulevard From “RS-6 and CG-2” To “RS-4.5” Zoning Case #1219-03 N City Council February 11, 2020 2 Aerial Overview 3 Zoning Pattern 4 Approval of the “RS-4.5” Single-Family 4.5 District Planning Commission and Staff Recommendation 5 Public Notification 53 Notices mailed inside 200’ buffer 7 Notices mailed outside 200’ buffer Notification Area Opposed: 2 (2.01%) In Favor: 0 X X 6 UDC Requirements Buffer Yards: N/A Setbacks: Street: 20 feet Side/Rear: 5 feet Parking: 2 per dwelling unit Uses Allowed: Single-Family Homes, Home Occupations, Group Homes. 7 Utilities Water: 12-inch ACP Wastewater: 24-inch VCP Gas: 3-inch Service Line Storm Water: 48-inch Line 8 Preliminary Layout DATE: January 15, 2020 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning & Environmental Services DanielMc@cctexas.com (361) 826-7011 CAPTION: Ordinance amending the Urban Transportation Plan map of MobilityCC, a transportation element of the City’s Comprehensive Plan, to adjust the location of the future Oso Parkway relative to the Oso Creek flood zones; to eliminate a north-south Collector street that becomes unnecessary when Oso Parkway is shifted westward; to adjust the connection between CR 43 East and Oso Parkway; and to connect CR 20A with Oso Parkway. SUMMARY: This ordinance amends the City’s Urban Transportation Plan to shift Oso Parkway out of the Oso Creek floodway and 100-year flood zone where practical; to eliminate a duplicative north- south Collector street as a result of shifting Oso Parkway to the west; to adjust the connections between CR 43 East and Oso Parkway; and to connect CR 20A to Oso Parkway. The amendments improve the future street network in this area and the amendments are recommended for approval. BACKGROUND AND FINDINGS: The City’s current Urban Transportation Plan was last updated in the subject area in 2010. The amendments created a half-mile grid street network with the proposed Oso Parkway on the west bank of the Oso Creek. The Oso Parkway is a Collector type street with a proposed right- of-way (ROW) width of 80 feet, a paved street width of 40 feet, and a paved hike-and-bike trail on the creek-side of the parkway as shown below. Urban Transportation Plan Amendment for Oso Parkway & Related Streets Located Between Weber Road (FM 43) and CR 20A and West of the Oso Creek AGENDA MEMORANDUM Public Hearing/First Reading for the City Council Meeting February 11, 2020 Second Reading for the City Council Meeting February 18, 2020 Since the alignment of Oso Parkway was last proposed, new FEMA flood maps have been developed. The proposed Oso Parkway is currently shown within the Oso Creek floodway and within the 100-year flood zone. Development in the 100-year flood zone must adapt to special construction requirements and it is prohibited in the floodway. The Oso Parkway Plan also encourages preservation of the 100-year flood zone. Staff is proposing amendments that will better comply with FEMA guidelines and that improve connectivity in the subject area. Description of the Amendment: The proposed amendments will: 1. Realign Oso Parkway out of FEMA’s floodway and 100-year flood zone where practical. 2. Delete a north-south Collector that becomes unnecessary when Oso Parkway is shifted west. 3. Improve the alignment of the CR 43 East connection with Oso Parkway. 4. Connect CR 20A to Oso Parkway to complete the street network. Grid System The City’s Urban Transportation Plan in the area south/west of the Oso Creek was amended in 2010 to create a grid system of Arterial and C3 Collector streets. Arterials streets are planned every 1 to 1½ miles with Collector streets filling in the grid of Arterials streets and spaced every ¼ to ½ mile. A grid system increases the street network’s ability to handle traffic. The grid pattern increases connectivity, increases the number of routes available to all users, and helps address congestion. Having alternate routes available to drivers/pedestrians/bicyclists makes for a more convenient transportation system for all users; assists emergency responders; and facilitates convenient detours during construction. Hike/Bike Trails The City’s adopted “Strategic Plan for Active Mobility: Phase 1 Bicycle Mobility” did not layout bicycle infrastructure in the subject area, however, the City’s adopted HikeBikeCC identifies the “Lakes Loop”, which is a planned off-street trail along the Oso Creek. Oso Parkway, when constructed in accordance with the proposed amendments, will include construction of this off- street trail. Analysis of the Amendment The proposed amendments will maintain an adequate and efficient street network for the proposed land uses and will improve connectivity. The amendments better comply with FEMA guidelines for construction in flood zones. Public Input The proposed transportation plan amendments were reviewed by the Planning Commission and Transportation Advisory Commission and both commissions recommended approval of the proposed amendments. Additionally, landowners John C. Tamez and the Ocker Family, who are most impacted by the proposal, were asked to review the proposed amendments and are not opposed. ALTERNATIVES: No alternatives were considered. FINANCIAL IMPACT: No financial impact is associated with this item. RECOMMENDATION: Staff, Planning Commission and Transportation Advisory Commission recommend approval of the transportation plan amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibit Presentation Page 1 of 3 Ordinance amending the Urban Transportation Plan map of MobilityCC, a transportation element of the City’s Comprehensive Plan, to adjust the location of the future Oso Parkway relative to the Oso Creek flood zones; to eliminate a north-south Collector street that becomes unnecessary when Oso Parkway is shifted westward; to adjust the connection between CR 43 East and Oso Parkway; and to connect CR 20A with Oso Parkway. WHEREAS, the Transportation Advisory Commission and Planning Commission have forwarded to the City Council their recommendation concerning the amendments to the Urban Transportation Plan map, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, the Planning Commission held a public hearing on Wednesday, January 8, 2020, regarding amendments to the Urban Transportation Plan map, during which all interested persons were allowed to appear and be heard; WHEREAS, City Council held a public hearing on Tuesday, February 11, 2020, regarding amendments to the Urban Transportation Plan map, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the general welfare of the City of Corpus Christi, and its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Urban Transportation Plan map of MobilityCC, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the “Comprehensive Plan”), is amended to adjust the location of the future Oso Parkway relative to the Oso Creek flood zones; to eliminate a north-south Collector street that becomes unnecessary when Oso Parkway is shifted westward; to adjust the connection between CR 43 East and Oso Parkway; and to connect CR 20A with Oso Parkway, as shown in the attached Exhibit A. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Comprehensive Plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. Page 2 of 3 SECTION 6. Publication shall be made in the City’s official publication as required by the City’s Charter. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 3 EXHIBIT A Urban Transportation Plan Amendment Oso Parkway & Related Streets from FM 43 to CR 20A Council Presentation February 11, 2020 1 2 Vicinity Map SH 286N Weber Rd FM 2444 / Staples St Corpus Christi Bay Oso Creek London Schools 3 Current Transportation Plan N LEGEND Proposed Arterial Existing Arterial Proposed Collector Existing Collector The Lakes Sun George Village Kings CrossingSH 286CR 43The Promenade S. Tx. Botanical Gardens CR 20A CR 43 East Oso PkwyFM 43 / Weber Rd CR 43 West ArashDrFM 2444 (Staples St)CR 41 ( Gilead Rd) 4 Proposed Amendment TRANSPORTATION PLAN LEGEND Planned Collector Proposed Deletion FM 43 / Weber Rd CR 43CR 20A CR 43 East No Name Street N N 5 Amended Plan FM 43 / Weber Rd CR 43CR 20A CR 43 East No Name Street N LEGEND Proposed Arterial Existing Arterial Proposed Collector Existing CollectorSH 286CR 41 ( Gilead Rd) 6 HikeBikeCC –“Lakes Loop” Off Street Facility (Opportunity) LEGEND N 7 Before & After 8 Recommendation Staff, Planning Commission and Transportation Advisory Commission recommend approval of the proposed amendments: •Realign Oso Parkway out of the floodway and 100-year flood zone where possible. •Delete the duplicate north-south Collector resulting from the westward shift of Oso Parkway. •Improve the alignment of CR 43 East connection with Oso Parkway. •Connect CR 20A to Oso Parkway to complete network. DATE: January 13, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director, Development Services AlRaymond@cctexas.com (361) 826 - 3276 CAPTION: Ordinance authorizing a Wastewater Force Main and Lift Station Construction and Reimbursement Agreement with Tamez Development Corporation to construct wastewater force main and lift station for a planned residential subdivision located on CR-43 with a completion date of February 28, 2022; transferring $300,000 from the Sanitary Sewer Collection Line Trust Fund and $200,000 from the 4030 Water Distribution Main Trust Fund to the Sanitary Sewer Trunk System Trust Fund; and appropriating $1,965,620.00 from the Sanitary Sewer Trunk System Trust Fund to reimburse the Developer per the agreement. (District 5) SUMMARY: Tamez Development Corporation is required to construct 2,300 linear feet of 6-inch wastewater force main line extension and wastewater lift station to the applicant’s property from the Lake’s Lift Station located north of the Oso Creek, in order to provide wastewater service for a planned residential subdivision named King’s Lake Phase 2. A wastewater masterplan amendment for the planned subdivision property was approved by Planning Commission on December 4, 2019 and was presented to and approved by City Council on January 21, 2020. The installation of the new wastewater utilities will extend service to the planned residential subdivision which includes approximately 281 acres of undeveloped property. The developer has requested a reimbursement agreement in accordance with UDC Section 8.5.2 Wastewater Trust Fund. BACKGROUND AND FINDINGS: Tamez Development Corporation plans to install approximately 2,300 linear feet of 6-inch wastewater force main line, and a new wastewater lift station, per the wastewater masterplan, in order to provide wastewater service to a planned residential subdivision that will be constructed within City limits located along CR-43, east of the Oso Creek and south of Webber Road. The property encompasses approximately 281 acres of undeveloped property and the planned subdivision build out will total approximately 800 – 1,000 single-family homes. Agreement and appropriating funds for the Tamez Development Corporation for a Wastewater Force Main and Lift Station Construction and Reimbursement Agreement AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for February 11, 2020 Second Reading Ordinance for February 18, 2020 The lift station and wastewater force main line will connect to the existing wastewater collection lines located in King’s Lake Drive, south of Yorktown Boulevard and west of South Oso Parkway. Additionally, the installation of the new wastewater utilities will provide wastewater servic e to the properties located in the East London Wastewater Sub Basin Service Area. Wastewater Force Main Lines and wastewater Lift Stations, that are required and comply with the wastewater master plan are eligible for reimbursement under UDC Sections 8.5.2.E.3 and 8.5.2.E.4 respectively. The Sanitary Sewer Trunk System Trust Fund is used to reimburse developers for constructing of wastewater force main lines and lift stations. Additionally, Sections 8.5.1.C.4 and 8.5.2.I of the UDC authorizes the transfer of monies from one fund to another after a public hearing, in order to reimburse the developer for projects that exceed the current balance in any single trust fund. City Council gave direction to staff at the August 13, 2019 meeting to reexamine the trust funds and to provide recommendations on policies that govern the priority, order, reimbursement rate and fees charged by the trust funds. City Council directed staff return within 75 days and present their recommendations. Due to the intensive process involved with this study, the department will not meet the 75 days as requested. The plan is to present staff’s findings to the Trust Fund Stakeholders and City Council with a tentative date of mid-February 2020. ALTERNATIVES: Based upon the current UDC language in section 8.5.2 Wastewater Trust Fund the developer requested reimbursement for the installation of a wastewater force main line and lift station that that will serve the planned subdivision and surrounding area. If the request were to be denied and the developer had to assume the costs associated with the installation of the force main line and lift station to serve the property, the project may become cost prohibitive. Another alternative is to identify the project as a capital improvement project to be constructed by the city, establish public improvement taxing district (PID), or impact fees to fund the installation of new utilities infrastructure in this area. These alternatives may delay this project in the short term but would establish a viable long-term funding option for the installation of new water and wastewater utilities infrastructure in the areas within the City and ETJ. FISCAL IMPACT: The total amount requested for the reimbursement agreement is $1,965,620.00 and as of 31 December 2019 the four trust funds have a combined available balance of $3,547,492.96. The Sanitary Sewer Trunk Main Trust Fund has a balance of $1,601,751.94 and the transfer of $300,000.00 from the Sanitary Sewer and $200,000.00 Distribution Main Trust Funds is required to meet the funding amount for this request and to meet the funding requirement for a future reimbursement agreement request from the Sanitary Sewer Trunk Main Trust Fund. The four trust funds will have a combined available balance of $1,581,872.96 after this action and will have enough funds available in each of the trust funds to meet the funding needs for the reimbursement agreement requests currently being processed. The transfer of monies from one fund to another is permitted under Sections 8.5.1.C.4 and 8.5.2.I of the Unified Development Code, with Council Approval. The expenditures for this project are a one-time cost and are not associated with any other projects. The Utility Trust Funds receive monthly deposits generated from Lot and Acreage Fees, Pro-rata Fees and Surcharge Fees that are charged during the platting process. Over time the fees collected and deposited will replenish the Trust Funds and enable other developer-initiated water infrastructure projects to be reimbursed. The trust fund balances listed are current as of November 30, 2019. Funding Detail: Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Water Distribution Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sanitary Sewer Trunk Main Trust Fund Organization/Activity: 21800 Sanitary Sewer Trunk Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sanitary Sewer Collection Line Trust Fund Organization/Activity: 21801 Sanitary Sewer Collection Line Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: The request is in accordance with UDC Section 8.5.2 Wastewater Trust Fund and the wastewater masterplan. The installation of this wastewater force main and lift station will provide wastewater service to the newly annexed property and the newly installed public utilities will help foster the development of this rural area within city limits and the Corpus Christi ETJ. Staff recommends approval of the applicant’s request. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Location Map Ordinance authorizing a Wastewater Force Main and Lift Station Construction and Reimbursement Agreement with Tamez Development Corporation to construct wastewater force main and lift station for a planned residential subdivision located on CR-43 with a completion date of February 28, 2022; transferring $300,000 from the Sanitary Sewer Collection Line Trust Fund and $200,000 from the 4030 Water Distribution Main Trust Fund to the Sanitary Sewer Trunk System Tr ust Fund; and appropriating $1,965,620.00 from the Sanitary Sewer Trunk System Tr ust Fund to reimburse the Developer per the agreement. WHEREAS, the Developer, in lieu of submitting a plat, has submitted a Land plan which is to be platted and developed in the future, to wit: approximately 281 acres out of the South-Half of Section 6, Laureles Farm Tracts; WHEREAS, under the UDC, the Developer is responsible for construction of the wastewater force main and lift station (“Force Main and Lift Station”); WHEREAS, under the UDC, the Developer is eligible for reimbursement of the Developer's costs for the construction of Force Main and Lift Station; WHEREAS, it is to the best interest of the City that the Force Main and Lift Station be constructed to its ultimate capacity under the City’s applicable Master Plan; WHEREAS, Section 8.5.2.E.4 of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Wastewater Trunk System Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer has submitted an application for reimbursement of the costs from the Wastewater Trunk System Trust Fund for installing the Force Main and Lift Station; and WHEREAS, after a public hearing pursuant to UDC §8.5.1.C.4 & §8.5.2.I, City Council finds the transfer of $300,000 from the No. 4220-21801 from the Sanitary Sewer Collection Line Trust Fund and $200,000.00 from the No. 4030-21806 Water Distribution Man Trust Fund to the No.4220-21800 Sanitary Sewer Trunk System Trust Fund is necessary to better carry out the purposes of this Unified Development Code. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a Force Main and Lift Station Construction and Reimbursement Agreement (Agreement) attached hereto, with Tamez Development Corporation for the construction and installation of a 6-inch wastewater force main line and Lift Station, for the development of the future property known as Kings Lake Phase II, Corpus Christi, Texas. SECTION 2. Funding in the amount of $300,000.00 is transferred from the No. 4220-21801 Sanitary Sewer Collection Line Trust Fund to the No.4220-21800 Sanitary Sewer Trunk System Trust Fund. SECTION 3. Funding in the amount of $200,000.00 is transferred from the No. 4030-21806 Water Distribution Man Trust Fund to the No.4220-21800 Sanitary Sewer Trunk System Trust Fund. SECTION 5. Funding in the amount of $1,965,620.00 is appropriated from the No.4 220-21800 Sanitary Sewer Trunk System Trust Fund, to reimburse the Developer for the construction of a wastewater lift station and a 6-inch wastewater force main line, and construction improvements in accordance with the Agreement. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter _____________ Roland Barrera ________________ Ben Molina _____________ Rudy Garza ________________ Everett Roy _____________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: ___________________ _____ ________________ Rebecca Huerta Joe McComb City Secretary Mayor City Council Presentation February 11, 2020 King’s Lake Phase 2 Reimbursement Agreement Location Map N Vicinity Map N Recommendation Approval The reimbursement request submitted by the applicant is in accordance with UDC Section 8.5.2 Wastewater Trust Fund,the Wastewater Master Plan,and the applicant has paid the required processing fee for the reimbursement agreement. Survey of Land for Subdivision N 6 DRAFT 11/14/19 DATE: January 29, 2020 TO: Peter Zanoni, City Manager FROM: Barton Bailey, Homeless & Housing Administrator bartonb@cctexas.com 361-826-3976 Emily Shafer Northrup, Homeless Outreach Coordinator emilyn@cctexas.com 361-826-3970 CAPTION: Ordinance authorizing a Type B Affordable Housing agreement with TG 110 Village at Greenwood GP, LLC in the amount of $1,250,000 for a $12.7 million dollar development with 30 affordable housing rental units out of a total of 60 multi-family, mixed income units to be paid over two years; appropriating funds in the amount of $625,000 from the Type B Affordable Housing Fund; and amending the budget. SUMMARY: The Developer has secured funding commitments totaling $11,485,884, or 90% of total estimated project costs. As a result of a 10% funding gap, the Developer is requesting $1,250,000 of Type B grant funds to construct 60 multifamily, mixed income units located at Greenwood and Frio Street. BACKGROUND AND FINDINGS: The Village at Greenwood (5992 Greenwood Dr) will be a 60 -unit multi-family, mixed income affordable, supportive housing development. Thirty (30) units or 50% of the housing stock will comply with the Type B (4B) requirements. National Affordable Housing legislation states “a rent that does not exceed 30 percent of the adjusted income of a family whose income equals 65 percent of the median income for the area, as determined by the Secretary” qualifies. Under these provisions, 30 units qualify for Type B funding. TG 110 Village at Greenwood Request for Type B Funding of $1.25 Million for a $12.7 Million Multi-Family Development AGENDA MEMORANDUM Action Item for the City Council Meeting February 11, 2020 The project will have six one-bedroom units (10%), 30 two-bedroom units (50%), and 24 three-bedroom units (40%). Three units (5%) will be handicap accessible, and two (2%) units will be designed for individuals with vision or hearing impairments. The Village at Greenwood will be accessible to major employment centers, restaurants, multiple grocery and pharmacy retail stores. The Village at Greenwood has many of the elements that a supportive housing project would have (1) providing high quality housing for residents at affordable prices to ensure stability of the low income community, (2) seven units are being rented to reside nts whose incomes are at or below 30% of the area median income which are providing housing for Corpus Christi residents who are earning at or below the poverty level, (3) the property will be providing resident services to the residents such as financial literacy, a food bank, computer training, and linking residents to community services. Village at Greenwood Income Restrictions Type # of Units % of total 60 units Market Rate 9 15 80% of Area Median Income or Below 21 35 60% of Area Median Income or Below 23 38 30% of Area Median Income of Below 7 12 Furthermore, TG 110 will set aside 30 units (50%) to be restricted for the economic life of the property as follows : 50% of Area Median Income or Below 6 10 60% of Area Median Income or Below 24 40 On January 27, 2020, the Type B Board recommended approval of $1,250,000 of Type B funds to be disbursed to TG 110 The Village at Greenwood across two fiscal years. TG 110 has secured funding commitments totaling $11,485,884, or 90% of total estimated project costs. As a result of a 10% funding gap, TG 110 is requesting $1,250,000 of Type B grant funds to construct 60 multifamily, mixed income units located at Greenwood and Frio Street. If the Developer does not spend the entire $12,735,884, on the con struction of the project, the Developer will pay back the percentage of the amount remaining applied to the Type B Fund. The Developer will retain a certificate of occupancy within a two-year maximum. ALTERNATIVES: The City could choose not to approve or decrease the amount of this agreement and TG110 would need to seek alternative funding sources. FISCAL IMPACT: In order to meet the total project cost of $12,735,884, TG 110 is requesting consideration of award of Type B Corporation Affordable Housing funds from the City of Corpus Christi for the amount of $1,250,000 which represents 10% of total estimated project costs. Staff recommendation is to distribute the award over two fiscal years: $625,000 in Year 1 and $625,000 in Year 2. The current FY 2020 Fund Balance in the Type B Affordable Housing Fund is $1,250,000 and has an annual budget allocation of $500,000. Approval of this item will decrease the FY2020 available funds to $625,000. The Salvation Army request for $500,000 in FY2020 funds is also on today’s agenda which could further deplete the fund balance of the Affordable Housing funds to $125,000. In order for the Board to award TG110 the full request of $1,250,000, the funds would need to be distributed across two years and no other Affordable Housing funds could be awarded in FY2020 or FY2021. TG110 Project Costs Project Costs Land Purchase 1,228,130 Construction Costs 8,321,717 Soft Costs 2,553,000 Financing Costs 553,037 Reserve (Contingency) 100,000 Total Costs 12,735,884 TG110 Financial Commitments Texas General Land Office (GLO) 8,185,884 Lien by Wells Fargo 3,300,000 Type B (pending approval) 1,250,000 (PENDING) Total Commitments 12,735,884 Gap if award Type B Funding 0 Funding Detail: Fund: Type B Fund 1145 Organization/Activity: 15000- Affordable Housing Mission Element: 132- Revitalize & stabilize neighborhoods Project # (CIP Only): NA Account: 251850 RECOMMENDATION: City staff recommended approval of $1,250,000 of Type B funds to be disbursed to TG 110 The Village at Greenwood across two fiscal years. TG 110 has secured funding commitments totaling $11,485,884, or 90% of total estimated project costs. As a result of a 10% funding gap, TG 110 is requesting $1,250,000 of Type B grant funds to construct 60 multifamily, mixed income units located at Greenwood and Frio Street . If the Developer does not spend the entire $12,735,884, on the construction of the project, the Developer will pay back the percentage of the amount remaining applied to the Type B Fund. The Developer will retain a certificate of occupancy within a two-year maximum. LIST OF SUPPORTING DOCUMENTS: Ordinance Type B Corporation Funding Application by TG 110 PowerPoint Presentation Agreement Page 1 of 2 Ordinance authorizing a Type B Affordable Housing agreement with TG 110 Village at Greenwood GP, LLC in the amount of $1,250,000 for a $12.7 million dollar development with 30 affordable housing rental units out of a total of 60 multi-family, mixed income units to be paid over two years; appropriating funds in the amount of $625,000 from the Type B Affordable Housing Fund; and amending the budget. Whereas, the Corpus Christi B Corporation (“Type B Corporation”) has budgeted funds for the promotion and development of affordable housing in the City of Corpus Christi, Texas ("City"). Whereas, City Council deems that it is in the best interest of the City and citizens to approve the affordable housing between the Type B Corporation and TG 110 Village at Greenwood GP, LLC for the development of 30 affordable housing units in Corpus Christi; and Whereas, the Board of the Directors of the Type B Corporation (the “Board”) approved an agreement with TG 110 Village at Greenwood GP, LLC for an incentive of up to $1,250,000 paid over two years at its meeting on January 27, 2020. Now , therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the affordable housing agreement between the Type B Corporation and TG 110 Village at Greenwood GP, LLC for the development of 30 affordable housing rental units in Corpus Christi is approved. SECTION 2. That funds in the amount of $625,000 are appropriated from the unreserved fund balance in the No. 1145 Type B Fund for the affordable housing agreement between the Type B Corporation and TG 110 Village at Greenwood GP, LLC, for the first years’ funding of the development of 30 affordable housing rental units in Corpus Christi. SECTION 3. That Ordinance No. 031870, which adopted the FY 2019-2020 Operating Fund, is amended to increase proposed expenditures in the No. 1145 Type B Fund by $625,000 Fund for the affordable housing agreement between the Type B Corporation and TG 110 Village at Greenwood GP, LLC. Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor City Council February 11th, 2020 TG 110 Villages at Greenwood Request for Funding 1 2 TG 110 is requesting $1.25 million in Type B Funds to be applied toward a $12.7 million affordable, supportive, mixed income multi-family housing development TG 110 Village at Greenwood 3 Village at Greenwood Aerial View 4 Village at Greenwood Architectural Rendering 5 Village at Greenwood Funding Details Funding Sources Texas GLO Grant $8,185,884 Permanent Lien – Wells Fargo $3,300,000 City of Corpus Christi Type B Corporation $1,250,000 Total $12,735,884 Funding Uses Land $1,228,130 Construction Costs $8,321,717 Soft Costs $2,553,000 Financing Costs $533,037 Reserves $100,000 Total $12,735,884 6 Village at Greenwood Income Restrictions GLO Restrictions – 15 Years Income Level # of Units % of Total Units Market Rate 9 15% 80% AMI or Below 21 35% 60% AMI or Below 23 38% 30% AMI or Below 7 12% Type B Compliant Units – 20 years Income Level # of Units Available % of Total Units 50% AMI or Below 6 10% 60% AMI or Below 24 40% DATE: January 28, 2020 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works/Street Operations Richardm5@cctexas.com (361) 826-3419 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Ordinance authorizing a purchase from Twincrest Technologies, of Fort Worth, Texas for the Wavetronix Radar Detection System for a total amount of $1,102,665 for Public Works/Street Operations Department to be used for traffic signal vehicle detection and funded by the Streets Fund; and amending the bu dget to appropriate $1,102,665 in Street Operation Reserves. SUMMARY: This Ordinance will allow the City to purchase this equipment to be used in signalized traffic intersections to monitor the flow of traffic and vehicle detection. BACKGROUND AND FINDINGS: Radar detection systems are the new standard for traffic signal vehicle detection. These radar detection systems will be replacing the video detection systems currently in the field that are no longer working or serviceable. Many of these older units require maintenance every two weeks to clean the camera lenses. The new radar detection system will improve traffic flow, vehicle detection, more reliable, better technology, and are not affected by weather events. This is a sole source purchase and Twincrest Technologies is the sole source contractor and direct vendor for Wavetronix products and services . There will be 53 radar detection systems purchased to replace non-functioning radar systems for 53 traffic signal locations. These systems will be installed by Street Operations Signal Technicians with updates provided by Twincrest Technologies. In addition, this is a phased approach to eventually replace all video detection systems throughout the City. Purchase of Wavetronix Radar Detection Systems for Public Works/Street Operations AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting February 11, 2020 Second Reading Ordinance for the City Council Meeting February 18, 2020 ALTERNATIVES: Public Works/Street Operations has been utilizing this system successfully since 2009. It would not be cost effective to abandon the Wavetronix program at this time due to the successful results. This program monitors the flow of traffic and vehicle detection. FISCAL IMPACT: The fiscal impact in FY 2020 for Public Works/Street Operations will be $1,102,665.00 for the one-time purchase of this equipment. Funding Detail: Fund: 1041 Streets Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: 251850 Fund 1041 Fund Balance RECOMMENDATION: Staff recommends approval of the Ordinance authorizing the purchase with Twincrest Technologies for the Wavetronix Radar Detection System for Public Works/Street Operations as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Price Sheet Ordinance authorizing a purchase from Twincrest Technologies, of Fort Worth, Texas for the Wavetronix Radar Detection System for a total amount of $1,102,665 for Public Works/Street Operations Department to be used for traffic signal vehicle detection and funded by the Streets Fund; and amending the budget to appropriate $1,102,665 in Street Operation Reserves. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Appropriating $1,102,665 from the Committed Fund Balance in Fund 1041 and amending the Fiscal Year 2020 Operating Budget adopted by Ordinance 031870 to increase expenditures. SECTION 2. The City Manager or designee is authorized to purchase the Wavetronix Radar Detection System for a total amount of $1,102,665 with Twincrest Technologies, of Fort Worth, Texas to be used for traffic signal vehicle detection. SECTION 3. Upon approval of this ordinance, funding will be available to purchase the Wavetronix Radar Detection System for the Public Works/Street Operations Department. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 20 20, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 20 20. ATTEST _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor City of Corpus Christi Price Sheet Contracts and Procurement Purchase of Wavetronix Radar Systems Senior Buyer: Cynthia Perez Twincrest Technologies Fort Worth, Texas UNIT EXTENDED ITEM DESCRIPTION QTY.UNIT PRICE PRICE 1. Wavetronix 4 Sensor Matrix Package w/Click 650; to include 4 ea. Smartsensor Matrix Sensor, 4ea. Sensor Mounting Bracket, 4 ea. J-Box, 1 ea. Click 650 Cabinet Interface Module 53 ea. $19,245.00 $1,019,985.00 2.WX-SS-704-020, Sensor Pigtail with Molded Connector -20'212 ea.$140.00 $29,680.00 3.WX-SS-705 Wavetronix Matrix/Advanced Homerun Cable 1000'53,000 ea.$1.00 $53,000.00 TOTAL $1,102,665.00 DATE: February 18, 2020 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing an amendment to Supply Agreement No. 1903 with Chemtrade Chemicals US, LLC., of Parsippany, New Jersey for an additional 36-month term for an amount not to exceed to $5,185,200.00, allowing a price reduction per wet ton for a cost savings of $2,536,746.00 over three years for the purchase of liquid aluminum sulfate for the water treatment process at the O.N. Stevens Water Treatment Plant with funding in the amount of $1,113,600.00 made available in the FY 2020 Water Fund. SUMMARY: This motion authorizes an amendment to Supply Agreement 1903 with Chemtrade Chemicals US, LLC of Parsippany, New Jersey for an additional 36-month term in the amount not to exceed $5,185,200.00 with a price decrease for the purchase of liquid aluminum sulfate for a total cost savings of $2,536,746.00. BACKGROUND AND FINDINGS: Liquid aluminum sulfate is used for water treatment as a primary coagulant to remove suspended solids from the raw water. Coagulants cause very fine particles to clump together into larger particles that either settle out in the sedimentation basins or are removed by the filters. The City currently receives liquid aluminum sulfate from Chemtrade Chemicals US, LLC of Parsippany, New Jersey with Contract No.1903 for $147.93 per wet ton for a total of $2,573,982.00. The original contract is for one year, with two one-year renewal options, expires February 17, 2020. Amendment No. 1, replaces the renewal options with a 36- Amendment to Supply Agreement for Liquid Aluminum Sulfate for Water Treatment for the O.N. Stevens Water Treatment Plant O.N. Stevens Water Treatment Plant AGENDA MEMORANDUM Action Item for the City Council Meeting of February 18, 2020 month term supply agreement for an amount not to exceed $5,185,200.00 as follows: Year 1 @ $96.00 per wet ton = $1,670,400.00 Year 2 @ $99.00 per wet ton = $1,722,600.00 Year 3 @ $103.00 per wet ton = $1,792,200.00 Total Amendment $5,185,200.00 The total amount of the contract with its amendments equals 7,759,182.00. At the reduced price per ton, the City is saving $2,536,746.00 over a three-year period. ALTERNATIVES: An alternative to securing a long-term supply agreement is to purchase the liquid aluminum sulfate through short-term supply agreements. This method of transactions may cause delays in the shipment of this critical chemical used for the treatment of potable water. In addition, the cost will depend on the market price at the time of purchase, which may be higher than a locked-in price obtained through a long-term agreement. FISCAL IMPACT: The fiscal impact to the Utilities Department in FY 2020 is an amount not to exceed $1,113,600.00 for the purchase of liquid aluminum sulfate. The remaining cost will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 4010 Water Organization/Activity: 31010 Stevens Filter Plant Mission Element: 062 Treat water Project # (CIP Only): N/A Account: 520010 Purification Chemicals RECOMMENDATION: Staff recommends approval of this motion authorizing a four-year supply agreement with Chemtrade Chemical US, LLC. for the purchase of liquid aluminum sulfate as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Amendment No. 1 Project No: 18177C 1 BMcC Legistar No.: 20-0044 Revised 01/29/20 AGENDA MEMORANDUM Action Item for the City Council Meeting of February 18, 2020 DATE: January 29, 2020 TO: Peter Zanoni, City Manager THRU: Michael Rodriguez, Chief of Staff michaelrod@cctexas.com (361) 826-3732 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Jim Davis, Director of Asset Management JimD@cctexas.com (361) 857-1909 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 CAPTION: Motion to award a contract to Bath Engineering for engineering design services for mechanical, electrical, and plumbing (MEP) upgrades at the Frost Bank building in the amount of $63,180 for the Fire Headquarters and Emergency Operations Center project, located in Council District 1, work beginning upon issuance of notice to proceed, and funding is available from Bond 2018 Public Safety Improvement funds. SUMMARY: This contract will provide survey of existing equipment, engineering drawings, specifications, bidding assistance, opinion of probable construction costs (OPCC), and construction documents for the MEP upgrade project at the Fire Headquarters & Emergency Operations Center (Frost Bank Building) located at 2406 Leopard Street. BACKGROUND AND SCOPE: The Frost Building is a city acquired lease to own facility. The City will own the facility in 2021. The existing equipment is beyond 20-year design and economical service life expectancy. Mechanical equipment and components are obsolete leaving equipment marginally serviceable. Proposed Professional Services Contract City of CC Fire Headquarters Emergency Operations Center (EOC) MEP Upgrades (Bond 2018, Proposition E Funds) Project No: 18177C 2 BMcC Legistar No.: 20-0044 Revised 01/29/20 improvements address renovations necessary to modernize equipment. Upgrades will comply with International Building, Mechanical, Electrical, and Plumbing Codes. Planned improvements include replacement of the following. • Mechanical Boiler Hot Water System and Controls for Electrical Boiler Hot Water system (not integrated into building automation system). • Roof mounted exhaust fans. • Domestic hot water system including hot water heater and recirculation system. PROJECT TIMELINE: TO BE DETERMINED F M A M J Bid/Construction 2020 Design If approved by City Council in the February timeframe, a notice to proceed will be issued and the design will be complete June 2020. Duration of engineering efforts will be contingent on final field investigation of existing equipment and condition assessment. COMPETITIVE SOLICITATION PROCESS: Bath Engineering was selected for the FY 2020 Capital Improvement Project, Fire Headquarters Emergency Operations Center project October 2019 under RFQ No. 2018-10. Bath Engineering was selected from 25 applicants for this project. The selection committee was comprised with representatives from Contracts & Procurements, Utilities, and Engineering Services. The final evaluation ranked Bath Engineering the highest, and recommended the firm as the most qualified based on five factors: 1) Experience of the firm, 2) Experience of the key personnel with specific experience in MEP upgrades, fire protection, emergency power, elevators and other miscellaneous interior renovations, 3) Project approach and manag ement plan, 4) Capacity to meet the project requirements and timelines, and 5) Past performance. ALTERNATIVES: An alternative is to not award the contract to Bath Engineering. Not awarding the professional services contract for the project would delay needed improvements and could result in increased costs, which could further delay the project. FINANCIAL IMPACT: This item proposes to award a professional services contract to Bath Engineering to provide design, bid and construction phase services for the Fire Headquarters Emergency Operations Center in the amount of $63,180. The contract will begin upon the notice to proceed, the project is located in District 1, and funds are available from Bond 2018 Proposition E – Public Safety Improvement funds. FUNDING DETAIL: Fund: Fire 2019 Bond 2018 (Fund #3192) Mission Element: Manage Emergency Operations & EOC (ME #095) Project No: 18177C 3 BMcC Legistar No.: 20-0044 Revised 01/29/20 Project No.: Fire Headquarters & Emergency Operations Center MEP Upgrades (Project #18177C) Account: Outside Consultants (Acct #550950) Activity: 18177-C-3192-EXP Amount: $63,180 RECOMMENDATION: City staff recommends award of a professional services contract to Bath Engineering of Corpus Christi, Texas in the amount of $63,180. LIST OF SUPPORTING DOCUMENTS: Location Maps Contract 37 37 181 37 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES FIRE HQ & EMERGENCY OPERATIONS CENTER MECHANICAL IMPROVEMENTS LOCATION MAP NOT TO SCALE PROJECT NUMBER: 18177C PROJECT LOCATION LOCATION MAP NOT TO SCALE PROJECT LOCATION N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES FIRE HQ & EMERGENCY OPERATIONS CENTER MECHANICAL IMPROVEMENTS VICINITY MAP NOT TO SCALE PROJECT NUMBER: 18177C PROJECT LOCATION LEOPARD ST.LEXINGTON AVE.KENNEDY AVE.I3 7 F R O N T A G E R D .PORT AVE.UP RIVER RD. I 37 BUFFALO ST. ANTELOPE ST. Contract for Professional Services Page 1 of 12 SERVICE AGREEMENT NO. 2877 CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) 18177C – Fire Headquarters & Emergency Operations Center (EOC) MEP Upgrades The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Bath Engineering, 5656 S. Staples Street, Suite 110, Corpus Christi, Nueces County, Texas (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL .......................................................................3 ARTICLE III COMPENSATION ............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V OPINIONS OF COST ......................................................................5 ARTICLE VI INSURANCE REQUIREMENTS ......................................................5 ARTICLE VII INDEMNIFICATION .........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT ....................................................7 ARTICLE X OWNER REMEDIES .......................................................................7 ARTICLE XI CONSULTANT REMEDIES .............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS ...................................................9 EXHIBITS Contract for Professional Services Page 2 of 12 ARTICLE I – SCOPE OF SERVICES 1.1 City and Consultant agree that the services provided are properly described in the Scope of Services, which is incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant (in dollars). Changes in Consultant’s proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City’s General Conditions for Construction Contracts, excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City’s Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant’s Scope of Services during the performance of the Consultant’s services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibit A. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. Contract for Professional Services Page 3 of 12 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. ARTICLE II – QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III – COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $63,180. 3.2 The Consultant’s fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule with their proposal. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant’s estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant’s monthly invoices in compliance with the Texas Prompt Payment Act. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant’s knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Contract for Professional Services Page 4 of 12 Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate “Final Bill – no additional compensation is due to Consultant.” 3.9 City may withhold compensation to such extent as may be necessary, in City’s opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant’s work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV – TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of ____ years beginning on the Effective Date. The Agreement may be renewed for up to _____ one-year renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Contracts and Procurement Department. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. Contract for Professional Services Page 5 of 12 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the W ork for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant’s ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant’s ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, “completion of the Project” refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V – OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor’s cost of labor, materials or equipment, or over the contractor’s methods of determining prices, or over competitive bidding or market conditions, Consultant’s opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant’s experience and qualifications and represent Consultant’s best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI – INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII – INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person’s agent, employee or subconsultant, over which the City exercises control (“Indemnitee”) from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and Contract for Professional Services Page 6 of 12 court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City’s reasonable attorney’s fees in proportion to the Consultant’s liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant’s activities under this Agreement. ARTICLE VIII – TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as Contract for Professional Services Page 7 of 12 required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX – RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City’s election, all of Consultant’s records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant’s records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant’s Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City’s and Consultant’s reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant’s Records only during Consultant’s regular business hours. Consultant agrees to allow City’s designee access to all of Consultant’s Records, Consultant’s facilities and Consultant’s current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X – OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant’s expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant’s response. Contract for Professional Services Page 8 of 12 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant’s sole cost if, in the City’s judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant’s errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI – CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant’s and City’s reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant’s sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant’s reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII – CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties’ senior Contract for Professional Services Page 9 of 12 management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.2.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.2.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.2.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.2.4 The parties shall share the mediator’s fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney’s fees pursuant to any law or other provision for payment of attorneys’ fees. Both Parties expressly waive any claim to attorney’s fees should litigation result from any dispute between the parties to this Agreement. 12.5 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 12.6 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY’S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XIII – MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. Contract for Professional Services Page 10 of 12 The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be a City’s sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re-use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City’s goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. 13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary’s Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary’s website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.11 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. Contract for Professional Services Page 12 of 12 Fire Headquarters & Emergency Operations Center (EOC) MEP Upgrades Project No. 18177C Service Agreement No. 2877 Fund Name Accounting Unit Account No. Activity No. Amount Fire 2019 Bd18 3192-095 550950 18177-C-3192-EXP $63,180.00 Total $63,180.00 EXHIBIT A Page 1 of 1 Basic Services: Preliminary Phase 5,565$ 5,565$ Design Phase 38,870$ 38,870$ Bid Phase 3,975$ 3,975$ Construction Admin Phase 12,770$ 12,770$ Subtotal Basic Services 61,180$ -$ -$ -$ 61,180$ Additional Services: Asbestos Survey 1,000$ 1,000$ TDLR TABS Registration 1,000$ 1,000$ ROW Acquisition Survey -$ Environmental Issues -$ Public Meetings -$ Construction Observation -$ Traffic Control -$ Signalization Improvements -$ Warranty Phase -$ Construction Inspection (T&M)-$ Platting Survey -$ O & M Manuals -$ SCADA -$ Subtotal Additional Services 2,000$ -$ -$ -$ 2,000$ Summary of Fees: Basic Services Fees 61,180$ -$ -$ -$ 61,180$ Additional Services Fees 2,000$ -$ -$ -$ 2,000$ Total Authorized Fees 63,180$ -$ -$ -$ 63,180$ Fire Headquarters & Emergency Operations Center (EOC) MEP Upgrades CITY PROJECT NO. 18177C SUMMARY OF FEES Original Contract Amendment No. 1 Amendment No. 2 Amendment No. 3 Total Contract EXHIBIT A-1 Page 1 of 1 Sample form for: Payment Request AE Contract Revised 02/01/17 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services:Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1% Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M).Exhibit BPage 1 of 1 1 Rev 09/19 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Contracts and Procurement with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2.Hired and Non-Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions 2 Rev 09/19 and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Contracts and Procurement P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder; 1.6.4 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of 3 Rev 09/19 Exhibit C coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor’s performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1 – Definitions and Terminology ....................................................................................................... 2 Article 2 – Preliminary Matters ..................................................................................................................... 8 Article 3 – Contract Documents: Intent, Requirements, Reuse ................................................................... 8 Article 4 – Commencement and Progress of the Work ................................................................................ 9 Article 5 – Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions .............. 9 Article 6 – Bonds and Insurance ................................................................................................................. 10 Article 7 – Contractor’s Responsibilities ..................................................................................................... 10 Article 8 – Other Work at the Site ............................................................................................................... 10 Article 9 – Owner’s and OPT’s Responsibilities ........................................................................................... 10 Article 10 – OAR’s and Designer’s Status During Construction .................................................................. 11 Article 11 – Amending the Contract Documents; Changes in the Work .................................................... 13 Article 12 – Change Management .............................................................................................................. 13 Article 13 – Claims ....................................................................................................................................... 14 Article 14 – Prevailing Wage Rate Requirements ....................................................................................... 16 Article 15 – Cost of the Work; Allowances; Unit Price Work ...................................................................... 16 Article 16 – Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 16 Article 17 – Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 16 Article 18 – Suspension of Work and Termination ..................................................................................... 16 Article 19 – Project Management ............................................................................................................... 16 Article 20 – Project Coordination ................................................................................................................ 16 Article 21 – Quality Management ............................................................................................................... 17 Article 22 – Final Resolution of Disputes .................................................................................................... 17 Article 23 – Minority/MBE/DBE Participation Policy .................................................................................. 17 Article 24 – Document Management .......................................................................................................... 17 Article 25 – Shop Drawings ......................................................................................................................... 17 Article 26 – Record Data ............................................................................................................................. 20 Article 27 – Construction Progress Schedule .............................................................................................. 21 Article 28 – Video and Photographic documentation ................................................................................ 21 Article 29 – Execution and Closeout ........................................................................................................... 21 Article 30 – Miscellaneous .......................................................................................................................... 22 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 1 of 22 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A.Terms with initial capital letters, including the term’s singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1.Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2.Agreement - The document executed between Owner and Contractor covering the Work. 3.Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4.Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5.Award Date – The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6.Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7.Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8.Bidder - An individual or entity that submits a Bid to Owner. 9.Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10.Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier’s check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11.Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12.Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13.Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a.Requesting an adjustment in Contract Price or Contract Times; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 2 of 22 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 3 of 22 b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor’s Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR’s recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner’s Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 4 of 22 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner’s intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City’s officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner’s Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner’s Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner’s Project Team or OPT - The Owner, Owner’s Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 5 of 22 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor’s Applications for Payment. 49. Selected Bidder - The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 6 of 22 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to “at no additional cost to Owner,” “at Contractor’s expense,” or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms “day” or “calendar day” mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms “as allowed,” “as approved,” “as ordered,” “as directed,” or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words “furnish,” “install,” “perform,” and “provide” have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 7 of 22 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words “furnish,” “install,” “perform,” or “provide.” F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word “all” is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words “furnish,” “install,” “perform,” “provide,” or similar words include the meaning of the phrase “The Contractor shall...” before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT’s project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 – PRELIMINARY MATTERS ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 8 of 22 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer’s or OAR’s interpretation by submitting a Change Proposal. ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT’s obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer’s findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer’s findings, conclusions, and recommendations. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 9 of 22 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor’s resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer’s findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer’s findings, conclusions, and recommendations. ARTICLE 6 – BONDS AND INSURANCE ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES ARTICLE 8 – OTHER WORK AT THE SITE ARTICLE 9 – OWNER’S AND OPT’S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner’s Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner’s duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 10 of 22 9.06 Insurance 9.07 Modifications 9.08 Inspections, Tests, and Approvals A. OPT’s responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT’s Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT’s responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 – OAR’S AND DESIGNER’S STATUS DURING CONSTRUCTION 10.01 Owner’s Representative A. OAR is Owner’s representative. The duties and responsibilities and the limitations of authority of OAR as Owner’s representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer’s visits and observations are subject to the limitations on Designer’s authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner’s quality assurance program, and administer the Contract as Owner’s representative as described in the Contract Documents. OAR’s visits and observations are subject to the limitations on OAR’s authority and responsibility described in Paragraphs 9.09 and 10.07. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 11 of 22 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives’ authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer’s authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer’s authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer’s authority related to Modifications is described in Article 11. D. OAR’s authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 16.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer’s decision by submitting a Change Proposal if Contractor does not agree with the Designer’s decision. 10.07 Limitations on OAR’s and Designer’s Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor’s Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor’s Team. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 12 of 22 ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 – CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT’s description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 13 of 22 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor’s risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13 – CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 14 of 22 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor’s job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor’s knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12, shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 15 of 22 ARTICLE 14 – PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 16 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18 – SUSPENSION OF WORK AND TERMINATION ARTICLE 19 – PROJECT MANAGEMENT ARTICLE 20 – PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 16 of 22 ARTICLE 21 – QUALITY MANAGEMENT ARTICLE 22 – FINAL RESOLUTION OF DISPUTES ARTICLE 23 – MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24 – DOCUMENT MANAGEMENT ARTICLE 25 – SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor’s Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general, conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 17 of 22 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer’s review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor’s markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. c. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 18 of 22 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is “Approved as Noted,” but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked “Approved as Noted” and “Resubmit with corrections made.” These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as “At Variance With” (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as “Not Approved” if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 19 of 22 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.B that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26 – RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor’s Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer’s Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor’s responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of “Filed as Received” and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 20 of 22 Drawing. The Record Data will be marked “Rejected” and “Submit Shop Drawing.” No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked “Rejected” and “Revise and Resubmit.” Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as Received.” When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked “Rejected” and “Cancel - Not Required.” No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as Received.” ARTICLE 27 – CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28 – VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29 – EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer’s notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 21 of 22 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30 – MISCELLANEOUS END OF SECTION Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 22 of 22 Project No: 18173B 1 IP/BM Legistar No.: 20-0097 Rev. 1 – 01/08/2020 AGENDA MEMORANDUM Action Item for the City Council Meeting of February 18, 2020 DATE: January 28, 2020 TO: Peter Zanoni, City Manager THRU: Michael Rodriguez, Chief of Staff michaelrod@cctexas.com (361) 826-3732 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Jim Davis, Director of Asset Management JimD@cctexas.com (361) 857-1909 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 CAPTION: Motion approving Amendment No.1 to a contract with Bath Engineering for design, bid and construction phase services for the Museum of Science & History mechanical improvements, in the amount of $26,415 for a total restated contract amount of $63,645, located in City Council District 1 with funding approved and available from Bond 2018 Libraries and Cultural Facilities. SUMMARY: This amendment provides for design services to prepare construction and bid documents for the Museum of Science & History mechanical improvements, approved by city voters in Bond 2018 under Proposition D. This contract was originally approved as a staff level contract. BACKGROUND AND FINDINGS: The existing boiler and pumps have failed on multiple occasions, severely impacting HVAC capabilities and placing building and contents at risk. Bath Engineering was engaged to design a new boiler, hot water pumps, and hot water piping within the Museum of Science and History boiler room. Design includes replacement of chilled hot water pumps with variable electronic control systems. An inline filter / strainer will be added to maintain HVAC piping water quality and Professional Services Contract Amendment Museum of Science & History Mechanical Improvements (Bond 2018 Proposition 1 & 2) Project No: 18173B 2 IP/BM Legistar No.: 20-0097 Rev. 1 – 01/08/2020 lights within the boiler room will be upgraded. The original contract with Bath Engineering included preliminary work, design, bid, and construction phase services for replacement of boiler, hot water pumps, and chilled water pumps with necessary controls within the mechanical room. This amendment will provide for complete replacement of the entire hot and chilled water piping system within the facility. PROJECT TIMELINE: Project schedule reflects City Council award of Amendment 1 in February 2020 with anticipated completion by the end of May 2020. COMPETITIVE SOLICITATION PROCESS Bath Engineering was selected for the Comprehensive Facility Improvements projects February 2019 under RFQ No. 2018-10. This project was one of four selections that were announced under Group F - Public Buildings, Parks & Facility category of the RFQ. Eight firms submitted, and five firms were selected to interview. The selection committee consisted of one representative from Parks and Recreation and three representatives from Engineering Services. The committee ranked Bath Engineering first and recommended the firm as the most qualified based on five factors: 1) Experience of the firm, 2) Experience of the key personnel with specific experience in MEP upgrades, fire protection, emergency power, elevators and other miscellaneous interior renovations, 3) Project approach and management plan, 4) Capacity to meet the project requirements and timelines, and 5) Past performance. ALTERNATIVES: An alternative is to not amend the contract with Bath Engineering. Not amending the professional services contract would delay the needed improvements and would place the facility and contents at increased risk of damage. FISCAL IMPACT: The project is a Bond 2018, Proposition D project approved by city voters in November 2018. This item will amend a contract for design, bid and construction phase services to Bath Engineering, for mechanical improvements for the Museum of Science & History, located in City Council District 1, in the amount of $26,415 for a restated amount of $63,645, effective upon issuance of the executed amendment with funding approved and available from Bond 2018, Proposition D. FUNDING DETAIL: F M A M 2020 TO BE DETERMINED Design Bid/Construction Project No: 18173B 3 IP/BM Legistar No.: 20-0097 Rev. 1 – 01/08/2020 Fund: Bayfront 2019 Bond 2018 (Fund #3128) Mission Elem: Bayfront (ME #734) Project No.: 18173B Museum of Science & History (MEP) Upgrades (Listed in the FY2020 CIP as project #20050A) Account: Outside Consultants (Account #550950) Activity: 18173-B-3128-EXP RECOMMENDATION: Staff recommends amending the professional services contract for the design of Museum of Science & History mechanical improvements to Bath Engineering, in the amount of $26,415. The design duration is planned for three months from approval of Amendment 1 to begin in February 2020 and end by May 2020. LIST OF SUPPORTING DOCUMENTS: Location Maps Contract 37 37 181 37 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Museum of Science & History MEP Upgrades LOCATION MAP NOT TO SCALE PROJECT NUMBER: 18173B PROJECT LOCATION LOCATION MAP NOT TO SCALE PROJECT LOCATION N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Museum of Science & History Improvements Bond 2018 VICINITY MAP NOT TO SCALE Project Number: 18173B Project LocationHa r b o r D r .N. Chapparal St.Mesquite St.Hirsch St. City of Corpus Christi 18173B Museum of Science and History MEP Corpus Christi Museum of Science & History – Boiler Replacement Bath Project No 3799 BATH ENGINEERING CORPORATION TEXAS FIRM REGISTRATION NO. F-829 5656 S. Staples St., Suite 110  Corpus Christi, Texas 78411  Phone 361.992.2284  Fax 361.992.2287 August 20, 2019 December 17, 2019 (Revised for Amendment No. 1) January 7, 2020 (Revised) Mr. Isaac Perez Senior Project Manager City of Corpus Christi - Engineering Services Department 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78401 Reference: 18173B Museum of Science and History MEP Corpus Christi Museum of Science & History – Boiler Replacement Dear Mr. Perez, Bath Engineering is pleased to provide a fee proposal for Engineering Services to design the boiler replacement for the Corpus Christi Museum of Science & History. Bath Engineering Scope of Work includes: Provide the necessary Engineering Services at the above referenced locations to perform the following: •Field investigation and technical assessments of existing mechanical room, hot water system, and chilled water system. •Design the replacement of the Boiler, Hot Water Pumps, and Hot Water Piping within the Mechanical Room •Design the replacement of the Chilled Water Pumps within the Mechanical Room. •Issue Construction documents including specifications and bid documents (front end by the City) •Bidding assistance (limited to producing addenda and attending pre-bid meeting). •Construction Administration (limited to submittal review, 3 regular inspections, 1 substantial completion inspection, and 1 final completion inspection). Bath Engineering deliverables include: •Opinion of Probable cost for recommended modernizations •Equipment specifications •Construction documents sealed by State of Texas registered Professional Engineer •Construction Administration •Final installation review for equipment and performance compliance with Specifications and Construction Documents •Project Close-out Schedule •Development of the Construction Document package, assuming no reviews or revisions are requested, will be completed 60 days after receipt of Contract and Notice to Proceed. Bath Engineering Corporation fee proposal for these Engineering Services is $37,230.00: Amendment No. 1 Provide the necessary Engineering Services at the above referenced locations to perform the following: EXHIBIT A Page 1 of 2 BATH ENGINEERING CORPORATION TEXAS FIRM REGISTRATION NO. F-829 5656 S. Staples St., Suite 110  Corpus Christi, Texas 78411  Phone 361/992-2284  Fax 361/992-2287 P:\3799\Admin\Proposal\3799 CC Museum of Science & History - Boiler Replacement - Fee Proposal - Amendment 1 - (Revision 1).docx 1/8/20 Page 2 of 2 •Field investigation and technical assessments of existing chilled and heating water piping systems within the building. •Design the replacement of the chilled and heating water piping up to and including isolation valves at air handling units and VAV boxes, along with control valves and appurtenances. •Issue Construction documents including specifications and bid documents (front end by the City) •Bidding assistance (limited to producing addenda and attending pre-bid meeting). Bath Engineering Corporation fee proposal for these Engineering Services (Amendment No. 1) is $26,415.00: Original scope of work: $37,230.00 Amendment No. 1: $26,415.00 Total Revised Contract: $63,645.00 Construction Administration (limited to submittal review, 3 regular inspections, 1 substantial completion inspection, and 1 final completion inspection Please let me know if there are any questions or if further information is needed. Sincerely, Jeff Tabb, P.E. Senior Engineer EXHIBIT A Page 2 of 2 Basic Services: Preliminary Phase $0.00 Design Phase $29,970.00 $22,950.00 $52,920.00 Bid Phase $1,650.00 $825.00 $2,475.00 Construction Admin Phase $5,610.00 $2,640.00 $8,250.00 Subtotal Basic Services $37,230.00 $26,415.00 $63,645.00 Additional Services: Permit Prepartion $0.00 Topographic Survey $0.00 ROW Acquisition Survey $0.00 Environmental Issues $0.00 Public Meetings $0.00 Construction Observation $0.00 Traffic Control $0.00 Signalization Improvements $0.00 Warranty Phase $0.00 Construction Inspection (T&M)$0.00 Platting Survey $0.00 O & M Manuals $0.00 SCADA $0.00 Subtotal Additional Services $0.00 $0.00 $0.00 Summary of Fees: Basic Services Fees $37,230.00 $26,415.00 $63,645.00 Additional Services Fees $0.00 $0.00 $0.00 Total Authorized Fees $37,230.00 $26,415.00 $63,645.00 Museum of Science and History MEP CITY PROJECT NO. 18173B SUMMARY OF FEES Original Contract Amendment No. 1 Total Contract EXHIBIT A-1 SUMMARY OF FEES Page 1 of 1 Sample form for: Payment Request AE Contract Revised 02/01/17 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services:Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1% Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M).Exhibit BPage 1 of 1 1 Rev 01/20 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2.Hired and Non-Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must 2 Rev 01/20 be prior to inception of agreement, have 3-year reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, with the exception of professional liability, which may be on a per claims made basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 Consultant is required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and 3 Rev 01/20 applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor’s performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. City of Corpus Chnsti SUPPLIER NUMBER TO BE ASSIGNED BY-C� PURCHASING DNISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: & 41' II {,p'fr? /pc . P.o.BOX: slkl-+.e II o /1' ;;J, STREET ADDRESS: 5t6Z .5',,4/t $;/'7'fa.{ CITY: {_.,,4r/;,� w,-;;t' ZIP: FIRM IS: 1.Corporation fSd°2.Partnership D 3.Sole Owner D 4.Association /[]5.Other D DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. I.State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known)NIA 2.State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3 % or more of the ownership in the above named "firm." Name TitleNIA 3.State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above namecl "firm." Name Board, Commission or CommitteeNIA 4.State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name ConsultantNIA EXHIBIT "D" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclo.sure of any information requested; and that supplemental statements will be promptly submitted to Mty of Corpus Christi, Texas as c . h�es occur. Certifying Person: / U!/#1( '/i 5-lar-i:..J:ftitle: /-::;ES I t?t:?1'/7" (Type or Print) W,�:z:reofCemfying A!L;:-shf J!£; I Date: DEFINITIONS a."Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part­ time basis, but not as an independent contractor. d."Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e."Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f."Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g."Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "D" Pafe 2 of 2 DATE: January 28, 2020 TO: Peter Zanoni, City Manager FROM: Gilbert Hernandez, Director of Municipal Courts gilberth@cctexas.com 361-826-2540 CAPTION: Resolution authorizing an interlocal agreement with the Texas Department of Public Safety for the Failure to Appear Program which denies the renewal of a driver’s license of a person who fails to appear in Municipal Court for a complaint or citation or fails to pay or satisfy a judgment. SUMMARY: This resolution authorizes an interlocal agreement with the Texas Department of Public Safety and the agreement automatically renews on the anniversary date of execution for up to three additional years unless terminated earlier. The agreement is for the refusal or denial of the driver’s license of a person who fails to appear for a complaint or citation or fails to pay or satisfy a judgment ordering payment of a fine and cost in a matter involving any offense that the Court has jurisdiction under Texas Code Criminal Procedure Chapter 4. BACKGROUND AND FINDINGS: The Texas Department of Public Safety (DPS) OMNIBASE program is a tool currently used by the Court to help violators resolve their violations. This program has been in effect since October 2012 and is authorized by Transportation Code Chapter 706. The program authorizes the Court to report cases to the third-party vendor OMNIBASE and for DPS to deny the renewal of driver’s licenses. The fee added to cases after a warrant is issued was $30.00 up to December 31, 2019. The Court is responsible for distributing $20.00 of the fee to the State, $6.00 to the third party OMNIBASE, and $4.00 is kept by the City. As of January 1, 2020, the fee was reduced and now cases submitted to the vendor after January 1, 2020 will incur a $10.00 fee. This will be distributed by $6.00 of the fee to the third-party vendor and $4.00 kept by the City. The State will no longer receive the $20 portion on the Fail to Appear program added after January 1st. When violators appear in court and resolve their violations, the hold on their driver’s licenses are lifted. Resolution authorizing an Interlocal Cooperation Agreement with Texas Department of Public Safety for Failure to Appear Program. AGENDA MEMORANDUM Action Item for the City Council Meeting February 18, 2020 ALTERNATIVES: An alternative to approving this program would be to continue using the current tools of using the Collection Agency to work the collections on delinquent cases only. This action benefits the City as it provides another means to help the court resolve cases. The $10 fee will be paid by the customer and there is not a cost to the City. FINANCIAL IMPACT: In fiscal year 2019 the City kept a total of $25,437 of this program; in fiscal year 2018 $18,509; and in fiscal year 2017 $18,383. The financial benefit to the City can be from $18,000 to $25,000 annually. Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff recommends that the Council approve the resolution. LIST OF SUPPORTING DOCUMENTS: - Interlocal FTA Program Agreement - Resolution- Failure to Appear Resolution authorizing an Interlocal Cooperation Agreement with Texas Department of Public Safety for the Failure to Appear Program which denies the renewal of a driver’s license of a person who fails to appear in Municipal Court for a complaint or citation or fails to pay or satisfy a judgement NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute an interlocal cooperation agreement with the Texas Department of Public Safety relating to the Failure to Appear Program, under Chapter 706, Texas Transportation Code. SECTION 2. The City Manager or designee is authorized to make editorial and non- substantive modifications and execute amendments to the interlocal cooperation agreement without the further approval of the City Council that do not require the appropriation of additional funds or exceed the City Manager's authority to amend contracts, including, but not limited to, time extensions, modifications to sch edule, modifications in scope of work, and any changes dictated by entities providing grant funding for the project. PASSED AND APPROVED on the ______ day of _________, 2020: Joe McComb _______________________ Roland Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor DATE: January 22, 2020 TO: Peter Zanoni, City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com CAPTION: Resolution nominating Flint Hills Resources Corpus Christi, LLC to the Office of the Governor Economic Development & Tourism through the Economic Development Bank as a single enterprise project pursuant to the Texas Enterprise Zone Act. SUMMARY: This resolution will designate Flint Hills Resources (“FHR”) for a single enterprise designation for the Texas Enterprise Zone incentive. This incentive uses state sales tax funds to reimburse FHR for their investment and the retention of jobs. BACKGROUND AND FINDINGS: Under State Law, the Office of the Governor – Economic Development and Tourism Division through the Texas Economic Development Bank administers the Texas Enterprise Zone (TEZ) Program. According to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, the purpose of the program is to encourage job creation and retention and capital investment in areas of economic distress. The 78th legislature amended the act to increase participation in the program, decrease paperwork and streamline the process. Under the amended act, communities are no longer required to submit an application and fee to create an enterprise zone; designation of an enterprise zone is automatic based on decennial figures. Areas designated as enterprise zones include census block groups with 20 percent poverty and areas federally designated as Renewal Communities. Previously designated enterprise zones will be designated until their expiration, after which the area would need to meet the 20 percent poverty guideline. A project seeking designation as a Texas Enterprise Zone Project still must seek nomination from the governing body to the Office of the Governor for consideration and designation. Communities participating in the Texas Enterprise Zone Program are required to provide incentives to the project in addition to offering nomination for participation in the Texas Enterprise Zone Program. At least one of the incentives must be exclusive to the Texas Nominating Flint Hills Resources Corpus Christi, LLC as a Texas Enterprise Project AGENDA MEMORANDUM Action Item for the City Council Meeting February 18, 2020 Enterprise Zone. A designated project located in the Texas Enterprise Zone must agree to hire at least 25 percent of its employees from the enterprise zone or economically disadvantaged groups and in return will receive a refund of sales and use tax (SUT) paid to the Office of the Comptroller. If the project is located outside the zone, the project must agree to hire at least 35 percent of its new employees from the enterprise zone or economically distressed groups. The program allows a refund of $2,500 for each job created or retained. If investment levels are adequate, the local nominating governing body may nominate a project as a Double or Triple Jumbo Project designation, increasing the value per job created or retained to $5,000 or $7,500, respectively. Therefore, a double jumbo project can receive a rebate of up to $2.5 million, and a triple jumbo project can receive a rebate of up to $3.75 million. State Law allows each participating community with a population less than 250,000 to nominate up to six projects per biennium and communities with a population more than 250,000 to nominate up to nine projects per biennium. Since City of Corpus Christi’s population exceeds the 250,000 threshold, up to nine projects can receive designation during this biennium. A double jumbo project assumes two of the number of projects allowable and a triple assumes three. Thus far, the City has nominated one business for this biennium. This nomination will use one of the City’s eight remaining nominations of local businesses. The City of Corpus Christi has nominated a number of projects in the past including the Valero, Bay Ltd, CITGO, Stripes, and Flint Hills Resources. To date, the designated enterprise zone projects have resulted in at least $2 billion in investment in Corpus Christi. This local capital investment represents a significant portion of all of the combined capital investment made in enterprise zones across the state. Flint Hills Resources Corpus Christi, LLC, (“FHR Corpus Christi” or the “Company”) is a member of the Flint Hills Resources group. FHR Corpus Christi operates out of two refining facilities in Corpus Christi, Texas and employs 800 personnel. These refineries receive crude oil and other raw materials via the Corpus Christi Ship Channel and pipelines and have crude oil refining capacity of about 320,000 barrels per day. Once refined, products including jet fuel and low- sulphur gasoline and diesel flow through the company's terminals in San Antonio, Bastrop, Austin, Waco, and the Dallas/Ft. Worth area, including the Dallas/Ft. Worth International Airport. This refining operation has earned industry and government accolades for its safety performance. One of the proudest achievements is the Distinguished Safety Award from the National Petrochemical and Refiners Association, which is considered one of the industry’s highest honors. The refineries have also earned Star status from the U.S. Occupational Safety and Health Administration's Voluntary Protection Program, which recognizes facilities with exceptionally safe performance as verified by an extensive audit. FHR Corpus Christi prides itself on its deep history in Corpus Christi as being a responsible corporate citizen and contributing member of the local economy. Since 1981, The Company has contributed more than $13 million to Texas philanthropic organizations. The Company is committed to understanding the needs of the community and partners with organizations to develop projects and activities that add value to our neighbors and improve the quality of life. As evidence, the Company has participated in philanthropic activities via donation to various charitable organizations such as Driscoll Children’s Hospital, Fiesta de los Niños, Texas State Aquarium’s STEM Center for Excellence and Helping Heroes. We are proud of the partnerships we have developed and supported over the past three decades that work to improve the quality of life in our community. FHR Corpus Christi is planning new capital investments starting in 2020 and continuing over the next five years for machinery and equipment upgrades at its West refinery, located at 2825 Suntide Road, Corpus Christi, Texas (the Qualifying Business Site”). The planned investment is expected to exceed $22 million. The Company’s planned investment will result in improved efficiency and continuous improvement of its chemical processes. As part of this investment, FHR Corpus Christi will retain 500 jobs at the Qualified Business Site. FHR Corpus Christi seeks to continue growing by investing in the community, as a leading business partner to build a bigger and better place of employment for current and future employees. The short-term goal for the new potential investment is to improve our operational capabilities, update technologies and improve working environments. Ultimately, the long-term benefit of our improvements is to better serve customers. This capital investment and retention of jobs represent the basis for this single enterprise project nomination. ALTERNATIVES: Due to State statute no other taxing entity can be the nominating authority. The City can choose not to nominate the company. The City has eight nominations left in the biennium which ends January 2021. There is no fiscal impact for the City and it helps a large employer in our area be more cost efficient and retain jobs. FINANCIAL IMPACT: This incentive is a rebate of the State’s portion of the sales tax and does not affect the City in any way. Funding Detail: Fund: NA Organization/Activity: NA Mission Element: NA Project # (CIP Only): NA Account: NA RECOMMENDATION: Staff recommends approval of the Resolution to nominate Flint Hills Resources Corpus Christi, LLC as a single Enterprise Project, as presented. This will aid a large employer in our area and keep those jobs here helping our economy stay strong. LIST OF SUPPORTING DOCUMENTS: Resolution TEZ Ordinance Page 1 of 3 Resolution nominating Flint Hills Resources Corpus Christi, LLC to the Office of the Governor Economic Development & Tourism through the Economic Development Bank as an enterprise project pursuant to the Texas Enterprise Zone Act. WHEREAS, the City of Corpus Christi ("City") has previously passed on August 29, 2014, Ordinance No. 030260 electing to participate in the Texas Enterprise Zone Program, and the local incentives offered under this Resolution are the same on this date as were outlined in Ordinance No. 030260; WHEREAS, the Office of the Governor Economic Development and Tourism (“EDT”) through the Economic Development Bank (“Bank”) will consider Flint Hills Resources Corpus Christi, LLC (“Flint Hills”) as an enterprise project pursuant to a nomination and an application made by the City; WHEREAS, the City desires to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in the City and to provide employment to residents of enterprise zones, to other economically disadvantaged individuals and to veterans; WHEREAS, pursuant to Chapter 2303, Subchapter F of the Texas Enterprise Zone Act (“Act”), Flint Hills has applied to the City for designation as an enterprise project; WHEREAS, the City finds that Flint Hills meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds: 1. Flint Hills is a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business at a qua lified business site located in an enterprise zone and at least twenty-five percent (25.0%) of the business' new permanent jobs will be residents of an enterprise zone, economically disadvantaged individuals or veterans; and 2. Flint Hills is located in Census Tract 63, Block Group 1, as defined by the most recent federal decennial census available at the time of designation; and 3. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the area; and 4. The designation of Flint Hills as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area; WHEREAS, the City finds that Flint Hills meets the criteria for tax relief and other incentives adopted by the City and nominates Flint Hills for enterprise project status on the grounds that it will be located at a qualified business site and will create a higher level of employment, economic activity, and stability; and Page 2 of 3 WHEREAS, the City finds that it is in the best interest of the City to nominate Flint Hills as an enterprise project pursuant to the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the findings of the City Council and its actions approving this Resolution taken at the council meeting on February 18, 2020, are hereby approved and adopted. SECTION 2. That Flint Hills is a "qualified business" as defined in Section 2303.402 of the Act and meets the criteria for designation as an enterprise project as set forth in Section 2303.402, Subchapter F of the Act. SECTION 3. That the enterprise project shall take effect on the date of designation of the enterprise project by the EDT and terminate 5 years after the date of designation. Page 3 of 3 PASSED AND APPROVED on the ______ day of _________, 20 20: Joe McComb _______________________ Roland Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor DATE: January 13, 2020 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com 361-826-3938 CAPTION: Ordinance accepting a grant in the amount of $10,000 from The Hartford to be used to support fire safety education efforts and programming; and appropriating the funds into the FY2020 Fire Grant Fund. SUMMARY: This ordinance authorizes the City Manager, or designee, to execute all documents necessary to accept and appropriate one grant totaling $10,000 from The Hartford. The grant funds will support fire safety education efforts and programming. BACKGROUND AND FINDINGS: On November 22, 2019, the Corpus Christi Fire Department (CCFD) was awarded a grant in the amount of $10,000 from The Hartford. The Hartford is an insurance company headquartered in Hartford, Connecticut. The Hartford’s fire safety grant program, the Junior Fire Marshal program, began in 1947 and has since deputized more than 110 million Junior Fire Marshals. In 2017, The Hartford released The Hartford Home Fire Index, which ranks the top 100 cities in the U.S. based on their risk of home fires. As a result of the study, The Hartford made a pledge to donate $10,000 to both the public-school districts and local fire departments in each of the 100 cities. Due to the City’s #97 ranking in The Hartford’s Home Fire Index, the CCFD has been awarded $10,000 to support fire safety education efforts and programming. The Hartford grant fund uses include, but are not limited to, fire safety awareness and education within the community and local schools. Acceptance of a grant for $10,000 from The Hartford to support fire safety education efforts and programming AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting February 18, 2020 Second Reading Ordinance for the City Council Meeting February 25, 2020 ALTERNATIVES: Reject grant award and seek alternative funding. FISCAL IMPACT: Accepting $10,000 grant award from The Hartford and appropriating $10,000 to the FY2020 Fire Grant Fund. Funding Detail: Fund: 1062 – Fire Grant Fund Organization/Activity: 840019L Mission Element: Project # (CIP Only): Account: 520090 RECOMMENDATION: Staff recommends approval of this ordinance to accept and appropriate grant award totaling $10,000. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter Ordinance accepting a grant in the amount of $10,000 from The Hartford to be used to support fire safety education efforts and programming; and appropriating the funds into the FY2020 Fire Grant Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: The City Manager or designee is authorized to execute all documents necessary to accept a donation from The Hartford in the amount of $10,000 to be used to support fire safety education efforts and programming. SECTION 2: That $10,000 from The Hartford, is appropriated in the Fire Grant Fund No. 1062 to be used to support fire safety education efforts and programming. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca L. Huerta Joe McComb City Secretary Mayor © 2019 by The Hartford. Classification: Non-Confidential. No part of this document may be reproduced, published or used without the permission of The Hartford. November 22, 2019 Judy Villalon City of Corpus Christi Fire Department 1201 Leopard Street Corpus Christi, TX 78401 Dear Judy, The Hartford is pleased to support the City Corpus Christi Fire Department. In this capacity, The Hartford has committed $10,000 to support fire safety education efforts and programming. We ask that the funds from this grant be leveraged within one calendar year from the grant date of November 22, 2019 and to provide a formal report within this grant timeframe as how the funds were leveraged. The parameters of this grant can be customized to your individual needs, and may include, but are not limited to, fire safety awareness and education within the community and local schools. We ask that our company be referred to as The Hartford in any materials you publish regarding this commitment and to have the opportunity to review prior publication. Payment will be processed in the amount of $10,000 shortly. We look forward to our new partnership. On behalf of The Hartford and its Junior Fire Marshal program, thank you for your commitment to keeping children fire safe. Sincerely, Kathleen Weitz Corporate Sustainability The Hartford DATE: January 13, 2020 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com 361-826-3938 CAPTION: Ordinance authorizing acceptance of a grant from the Texas Division of Emergency Management in the amount of $54,887.82 for the 2019 Emergency Management Performance Grant with a City cash match of $54,887.82 from the FY2020 Emergency Management General Fund; and appropriating $54,887.82 in the FY2020 Emergency Management Grants Fund. SUMMARY: The purpose of the grant is to support local comprehensive Emergency Management Programs to encourage improvements of mitigation, preparedness, response, and recovery capabilities of all hazards. The funds will be used to distribute public information materials to the citizens of Corpus Christi pertaining to hurricane preparedness; develop and update emergency management plans; conduct full -scale exercises; staff training; and support of the dialogic system. BACKGROUND AND FINDINGS: On October 10, 1019, the City of Corpus Christi was awarded the Texas Division of Emergency Management 2019 Emergency Management Performance Grant (EMPG). The FY 2019 priority for this program is to advance “Whole Community” security and emergency management. Grant funds will be used to support local comprehensive emergency management programs to encourage improvement of mitigation, preparedness, response, and recovery capabilities for all hazards. Acceptance of 2019 Emergency Management Performance Grant for $54,887.82 to Support Security and Emergency Management Activities AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting February 18, 2020 Second Reading Ordinance for the City Council Meeting February 25, 2020 The EMPG Program plays an important role in the implementation of the National Preparedness System by supporting initiatives including local implementation of the National Incident Command Systems, incorporation of appropriate references to the National Response Framework into local plans, homeland security assessment and strategy integration, and assessment of local emergency management programs. The EMPG is a cost match program, meaning participating jurisdictions are required to provide at least 50 percent in matching funds for expenses covered through this program. For every dollar of federal EMPG grant funding provided, local and state agency grant recipients must provide an equal amount of local or state cost share. The grant award is for $54,887.82 with a City cash match of $54,887.82. ALTERNATIVES: Not accepting the grant will hinder planning and preparedness for responding to emergencies related to man-made or natural disasters. FISCAL IMPACT: Accepting a grant in the amount of $54,887.82 and appropriating to the FY2020 Emergency Management Grants Fund. The City will provide a cash match of $54,887.82 from the FY2020 Emergency Management General Fund. Funding Detail: Fund: 1063 Organization/Activity: 820571F Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approving the ordinance to appropriat e a grant in the amount of $54,887.82 from the Emergency Management Performance Grant Program. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter 1 Ordinance authorizing acceptance of a grant from the Texas Division of Emergency Management in the amount of $54,887.82 for the 2019 Emergency Management Performance Grant with a City cash match of $54,887.82 from the FY2020 Emergency Management General Fund; and appropriating $54,887.82 in the FY2020 Emergency Management Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Division of Emergency Management, in the amount of $54,887.82 for the 2019 Emergency Management Performance Grant with a City match of $54,887.82 from the No. 1020 Emergency Management General Fund, for a total project cost of $109,775.64. SECTION 2. That $54,887.82 is appropriated from the Texas Division of Emergency Management, Emergency Management Performance Grant Program in the No. 1063 Emergency Management Grants Fund for improving mitigation, preparedness, response, and recovery capabilities for the City of Corpus Christi. 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor DATE: February 5, 2020 TO: Peter Zanoni, City Manager FROM: Jermel Stevenson, Director of Parks and Recreation JermelS@cctexas.com (361) 826-3042 CAPTION: Ordinance accepting a $180,000 donation for the Games of Texas from the P.A.L.S. Fund (Parks, Arts, Leisure and Seniors Fund), a Texas nonprofit corporation; and appropriating in the General Fund. SUMMARY: The Parks and Recreation Department seeks to accept and appropriate a $180,000 donation from Parks, Arts, Leisure and Seniors, Inc. (P.A.L.S.), a Texas nonprofit Corporation, established to raise funds to support the Corpus Christi Parks and Recreation Department, to be used towards the Games of Texas Event for FY2020 and 2021, thereby alleviating the financial burden to the City. BACKGROUND AND FINDINGS: The Games of Texas are a series of amateur Olympic-style events held each summer and winter in the State of Texas. They are organized by the Texas Amateur Athletic Federation (TAAF) and are part of the National Congress of State Games. Medalists from the Games qualify to participate in the State Games of America, a biennial multi-sport event. In July 2012 and 2013, the Parks and Recreation Department hosted the Summer Games of Texas. The two-year event had an estimated $15,000,000 economic impact for the City of Corpus Christi. Participants, family members, coaches, sponsors and spectators filled hotels, restaurants, beaches and all the entertainment venues that the City had to offer. Because the Games were so successful, the Parks & Recreation Department submitted an application to TAAF in 2016 to host the Games of Texas for Summer 2020 and 2021 and was selected to host once again. The department is excited to once more represent the City of Corpus Christi as host of this premier athletic event. ALTERNATIVES: City Council may choose not to approve this item, however, approval will benefit the City by Accepting and Appropriating $180,000 Donation from P.A.L.S. for the 2020 and 2021 Games of Texas Events AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting February 18, 2020 Second Reading Ordinance for the City Council Meeting February 25, 2020 defraying the cost of hosting the Games. FISCAL IMPACT: With acceptance of this donation, the General Fund will receive $180,000 to help defray the City’s costs of hosting the Summer Games of Texas which will be taking place from July 30 through August 2, 2020. The Corpus Christi Convention and Visitors Bureau also provides some financial support for the events. Funding Detail: Fund: 1020 General Fund Organization/Activity: 13012 Texas Amateur Athletic Federation Mission Element: 888 Revenue Project # (CIP Only): n/a Account: 340000 Contributions and Donations RECOMMENDATION: Staff recommends acceptance and appropriation of a $180,000 donation from P.A.L.S. to be used towards the Games of Texas Event, to help defray the costs to the City of hosting the event this summer. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance accepting a $180,000 donation for the Games of Texas from the P.A.L.S. Fund (Parks, Arts, Leisure and Seniors Fund) a Texas nonprofit corporation; and appropriating in the General Fund. Whereas, the City of Corpus Christi has been selected to host the Games of Texas in Summer 2020 and 2021; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a donation from the P.A.L.S. Fund, a Texas nonprofit corporation, in the amount of $180,000 to be used in support the Games of Texas. SECTION 2. That $180,000 is appropriated in the No. 1020 General Fund to be used to support the Games of Texas. Any unspent proceeds as of September 30, 2020 will be committed in the fund balance of the General Fund for the Games of Texas in future years. SECTION 3. This ordinance takes effect upon passage. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of _, 2020, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2020, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2020. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor DATE: December 10, 2019 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 CAPTION: Ordinance amending City Code of Ordinances, Chapter 12, Section 12-10, establishing a 200- foot restricted zone as required by Texas Commission on Environmental Quality through Texas Administrative Code Title 30 Chapter 290, Section 290.41(e) (2) (C) at the City’s raw water intake on the Nueces River; and providing penalties. SUMMARY: The purpose of this Agenda item is to establish a 200-foot restricted zone at Nueces River Pump Station Raw Water Intakes as required by Texas Commission on Environmental Quality regulation. BACKGROUND AND FINDINGS: The Texas Commission on Environmental Quality (TCEQ) through the Texas Administrative Code, Title 30, Part 1, Chapter 290, Subchapter D, Rule 290.41 (e) (2) (C) requires establishment of a restricted zone of 200-foot radius from the raw water intake works and all recreational activities and trespassing shall be prohibited in this area. This amendment to City Code of Ordinances, Chapter 12, Section 12-10, which was originally adopted by Ordinance No. 641 on 08/25/1936, would establish a restricted zone of 200-foot radius from the raw water intakes at Nueces River Pump Station and prohibit recreational activities and trespassing in this restricted area, which shall be designated with signs regarding these restrictions. ALTERNATIVES: An alternative would be to file a request for exception of this requirement with TCEQ. Amendment to City Code of Ordinances, Chapter 12, Section 12-10, Establishing a 200-foot Restricted Zone at Nueces River Pump Station Raw Water Intakes on City Property AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting February 18, 2020 Second Reading Ordinance for the City Council Meeting February 25, 2020 FISCAL IMPACT: There is no fiscal impact for this ordinance change. RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance amending City Code of Ordinances, Chapter 12, Section 12-10. GULLEY FAMILY INVESTMENTS, LTD 1.25 ACRES CITY OF CORPUS CHRISTI MARY & DONG PHAM .25 ACRES Ordinance amending City Code of Ordinances, Chapter 12, Section 12-10, establishing a 200-foot restricted zone as required by Texas Commission on Environmental Quality through Texas Administrative Code Title 30 Chapter 290, Section 290.41(e) (2) (C) at the City’s raw water intake on the Nueces River; and providing penalties Whereas, the Texas Commission on Environmental Quality through the Texas Administrative Code, Title 30, Part 1, Chapter 290, Subchapter D, Rule 290.41(e) (2)(C) requires establishment of a restricted zone of 200 feet radius from the raw water intake works and all recreational activities and trespassing shall be prohibited in this area; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, that: SECTION 1. Section 12-10 of the Corpus Christi Code of Ordinances, is amended to read as follows: Sec. 12-10. - Restrictions pertaining to area surrounding Nueces River raw water intake. As required by the Texas Administrative Code, Title 30, Environmental Quality, Part 1, Texas Commission on Environmental Quality, Chapter 290, Public Drinking Water, Subchapter D, Rules and Regulations for Public Water Systems, Rule 290.41 (e ) (2) (C), there is hereby established a restricted zone within the two hundred (200) feet radius from the raw water intake works of the City on the Nueces River and recreational activities and trespassing in this restricted area are prohibited. SECTION 2. This ordinance takes effect after official publication. A violation of this ordinance is declared to be a nuisance in accordance with Texas Local Government Code Section 217.042. Penalties for violation of Section 12-10 shall be in accordance with Section 1-6 of the City Code of Ordinances. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor DATE: January 27, 2020 TO: Peter Zanoni, City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com CAPTION: Ordinance approving a five-year Business Incentive Agreement between the Type B Corporation and LiftFund Inc. in the amount of $100,000 for the Dream Makers Fund, a revolving loan fund for small businesses within the city limits of Corpus Christi, effective upon signature of the City Manager or designee; appropriating funds in the amount of $100,000 from the Type B Economic Development Fund; and amending the budget. SUMMARY: This ordinance authorizes a contract with LiftFund Inc. to create a Dream Makers Fund for small business loans in Corpus Christi. The Dream Makers Fund of $100,000 will provide extra and dedicated loan funds to help small businesses grow and create and retain jobs and help the economy of the City grow. BACKGROUND AND FINDINGS: LiftFund Inc. supports small and start-up companies with loans when businesses are turned down by banks due to lack of credit history or business history. Since 2004, LiftFund has loaned $9,587,804 in funds and assisted over 592 small businesses in Corpus Christi. Since 2015, small businesses helped by LiftFund have created 224 new jobs and have retained 288 jobs. To enhance services, LiftFund is requesting a one-time $100,000 grant to be used exclusively as loan funds for small businesses within the city limits of Corpus Christi, Texas. The fund will be called The Dream Makers Fund and will act as a permanent revolving fund that replenishes itself from payments on loans to eligible Corpus Christi small businesses. In case of default from any potential loans, LiftFund Inc. will provide funds to ensure The Dream Makers Fund is capitalized at $100,000 level. The Corpus Christi Regional Economic Development Corporation (CCREDC) received an application from LiftFund Inc. and the application was vetted and presented to CCREDC Board on January 9, 2020. A motion was passed forwarding the application to the Type B Board recommending approval of the grant. The Type B Board unanimously passed a motion to grant AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of February 18, 2020 Second Reading Ordinance for the City Council Meeting of February 25, 2020 $100,000 Type B Economic Development Grant for LiftFund Inc. small business loans LiftFund $100,000 on January 27, 2020. The Corpus Christi Business and Job Development Corporation (Type A) has provided funding for a loan interest buy-down program for LiftFund, Inc. since 2004. Type A funds are used to pay part of the interest payments on a loan which in turn essentially lowers the loan interest rate as much as 7%. For example, a loan of 12% annual percentage rate (not atypical in today’s financing environment) can be paid down to 5.5% using through the Type A sponsored LiftFund program. On a $10,000 loan this can save a small business $842 over the course of the loan and make loan payments manageable. The loan fund is required to create jobs with these loans. ALTERNATIVES: The City Council may choose to lower the amount Type B grant amount or not pass the ordinance. This would not provide more help to small businesses within the city. FISCAL IMPACT: This item will expend a one-time amount of $100,000 of the Type B Incentive Economic Development funds. There are no funds budgeted for Small Business Incentives in FY2020, which is why this item also requests a budget amendment. As of December 31, 2019, there is an FY2020 Economic Development fund balance of $459,443. This item will encumber $100,000 and bring the available balance to $359,443. The Economic Development fund balance increases monthly with sales tax revenue. Funding Detail: Fund: 1145- Type B Fund Organization/Activity: NA Mission Element: NA Project # (CIP Only): NA Account: 251850 RECOMMENDATION: Staff recommends approval of a grant of $100,000 to LiftFund Inc. for The Dream Makers Fund to be used as a revolving loan fund for small businesses in the city of Corpus Christi. This fund would help small businesses grow and help the economy of the city thrive. LIST OF SUPPORTING DOCUMENTS: Ordinance Agreement Page 1 of 2 Botanical Gardens Ordinance approving a five-year Business Incentive Agreement between the Type B Corporation and LiftFund Inc. in the amount of $100,000 for the Dream Makers Fund, a revolving loan fund for small businesses within the city limits of Corpus Christi, effective upon signature of the City Manager or designee; appropriating funds in the amount of $100,000 from the Type B Economic Development Fund; and amending the budget. Whereas, the Corpus Christi B Corporation (“Type B Corporation”) has budgeted funds to assist small businesses in the City of Corpus Christi, Texas ("City"). Whereas, the Type B Corporation has requested proposals that will aid small businesses within the City, and determined that the proposal from LiftFund Inc. for a revolving loan fund will best satisfy this goal; Whereas, City Council deems that it is in the best interest of the City and citizens to approve the business incentive agreement for LiftFund Inc. for a revolving loan fund between the Type B Corporation and LiftFund Inc. for a revolving loan fund Whereas, the Board of the Directors of the Type B Corporation (the “Board”) approved an agreement with LiftFund for an incentive of up to $100,000 at its meeting on January 27, 2020. Now , therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the business incentive agreement between the Type B Corporation and LiftFund, Inc., which will create the Dream Makers Fund to loan to small business is approved. SECTION 2. That funds in the amount of $100,000 are appropriated from the unreserved fund balance in the No. 1145 Type B Fund for a business incentive grant from the Type B Corporation to LiftFund Inc., which will create the Dream Makers Fund to loan to small business. SECTION 3. That Ordinance No. 031870, which adopted the FY 2019-2020 Operating and Capital Budget, is amended to increase proposed expenditures in the No. 1145 Type B Fund by $100,000 for a business incentive grant from the Type B Corporation to LiftFund Inc., which will create the Dream Makers Fund to loan to small business. Page 2 of 2 Botanical Gardens That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor DATE: January 31, 2020 TO: Peter Zanoni, City Manager FROM: Iain Vasey, President/CEO ivasey@ccredc.com (361) 882-7448 OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Iain Vasey President/CEO CCREDC BACKGROUND: The CCREDC provides quarterly updates to City Council. In accordance with this practice, the CCREDC will update the Council on its activities and the status of the local economy. The Metropolitan Statistical Area (MSA) economy is doing great. We have added 2,200 jobs since last year at this time. Our unemployment rate is 4.2% down from last year when it was 4.5%. The EDC is working on 18 major projects that are valued at $25.1 billion in capital investment and would possibly create 5,508 quality primary jobs. The EDC is looking for other industries to attract to our region. We are attending conferences in conjunction with Texas A&M University- Corpus Christi on drones and partnering with the Port on large oil/gas/plastics manufacturers. We have made Opportunity Zones a priority and are coordinating with partners to push a “sense of place” initiative. Your EDC is delivering value to the City and the region. LIST OF SUPPORTING DOCUMENTS: CCREDC February 2020 Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update to City Council (Q4 2019) AGENDA MEMORANDUM City Council Meeting of February 25, 2020 Iain Vasey CEcD President/CEO Mission Statement The mission of the Corpus Christi Regional Economic Development Corporation is to expand and enhance the region’s economic base by developing and/or supporting projects that create primary jobs to improve the diversity and size of the local economy. Industry Yearly Change Dec. 2019 Nov. 2019 Dec. 2018 Dec. 2017 Dec. 2016 Dec. 2015 Total Nonfarm 2,200 197,600 198,000 195,400 193,500 193,500 193,500 Mining, Logging and Construction 400 24,900 25,300 24,500 26,900 25,800 23,900 Manufacturing 100 8,600 8,600 8,500 8,100 8,400 9,200 Trade, Transportation, and Utilities -100 33,700 33,400 33,800 34,100 34,700 35,500 Information -100 1,600 1,600 1,700 1,800 1,800 1,900 Financial Activities 400 8,700 8,600 8,300 7,900 7,700 8,100 Professional and Business Services -100 19,600 19,900 19,700 17,800 16,400 17,300 Education and Health Services 700 33,100 33,100 32,400 31,300 31,600 30,500 Leisure and Hospitality 600 25,500 25,600 24,900 24,000 24,800 25,000 Other Services 200 6,500 6,500 6,300 6,200 6,700 7,100 Government 100 35,400 35,400 35,300 35,400 35,600 35,000 Unemploment Rate C.C. MSA 4.2% Texas 3.3% U.S. 3.4% Employment by Sector for Corpus Christi MSA Business Attraction & Recruitment Wins in 2019: •Alorica- 300 jobs and $4 Million Capital Expenditure •Steel Dynamics- 600+ jobs and $1.9 B Capital Expenditure Upcoming Travel: •Expo (helicopter repair and manufacturing), January 27-31 •World Petrochemical Conference, March 24-27, New Orleans •MRO (aviation with Team Texas), April 28-30, Dallas •AIST, (steel), May 1-4, Cleveland Business Retention & Expansion Retention Visits: •69 retention visits completed in 2019 •30% required follow-up technical assistance •Monthly meeting with Development Services on projects Upcoming Travel: •TEDC Winter Conference (Presenter of BRE Best Practices) February 19-21 College Station •Impact DataSource podcast on Opportunity Zones and Business Retention What we are Working on •Opportunity Zones- encourage long-term investments in low- income census tracts by providing tax incentive for investors •EDC staff is putting together a regional Opportunity Zone summit with White House Opportunity & Revitalization Council April 7-8 •Buildout “Sense of Place” website; coordinate with other stakeholders (City, Downtown Management District, both Chambers off Commerce, and Port Corpus Christi) how to make our community more attractive •Update 2018 community survey on attitudes towards Economic Development Growth What we are Working on •Launched Explorethecoastalbend.com Questions? Iain Vasey CEcD President/CEO Corpus Christi Regional Economic Development Corporation 800 North Shoreline Blvd. Suite 1300 South Corpus Christi, Texas 78401 Office 361-882-7448 ivasey@ccredc.com www.ccredc.com DATE: January 14, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond@cctexas.com (361) 826-3276 CAPTION: City Council consideration of an appeal of Lamp Lighter Electrical Contractor’s six-month suspension of City electrical registration approved by the Corpus Christi Electrical Advisory Board on November 21, 2019; with possible action in the form of a denial of the appeal, modification of Board’s decision or reversal of Board’s decision. SUMMARY: The purpose of this appeal is to determine whether to uphold, modify, or reverse the six- month suspension of the Lamp Lighter Electrical Contractor’s City electrical registration approved by the Corpus Christi Electrical Advisory Board on November 21, 2019. BACKGROUND AND FINDINGS: On August 14, 2019, City Inspector Rueben Hernandez performed an electrical inspection at 6633 Evans Drive. Inspector Hernandez observed numerous deficiencies in the electrical work and a total of eleven individuals performing electrical work on site. Mr. Oliva stated his foremen had a Texas journeymen’s license when he was hired and was unaware his license was expired. Staff determined not one of the eleven individuals have a valid Texas electrical license at the time of our inspection. Mr. Oliva stated extra men were on the job site cleaning and not every individual on the job site was performing electrical work. The Board asked Mr. Oliva if it was true that no Texas licensed electricians were on the job site. Mr. Oliva reiterated the foremen is a Texas journeyman electrician and he was unaware the license had expired. The Board asked Mr. Olivia if he was aware the required supervision ratio is three electrical apprentices to one journeyman electrician. Mr. Oliva repeated all other individuals were only cleaning. Inspector Hernandez stated he observed numerous electrical deficiencies with the electrical work. Chief Electrical Inspector Norm Walters stated he observed multiple service panels with overloaded Appeal of Electrical Advisory Board’s Suspension of Lamp Lighter Electrical Contractor’s City Electrical Registration AGENDA MEMORANDUM Action Item for the City Council Meeting of February 18, 2020 conduit. A total of five correction notices were provided to Lamp Lighter Electrical for the work. The Board unanimously passed a motion finding Lamp Lighter Electrical in violation of City of Corpus Christi Code of Ordinances, Section 14-206, Subsection 2.6.1.3, “Any gross negligence, incompetency, or misconduct in the performance of electrical work within the jurisdiction of the city.” On August 28, 2019, City Inspector Ruben Hernandez performed a service release inspection at 6901 New York Drive and observed electrical work in progress. Mr. Hernandez questioned the electrician on site, Mr. Juan Garcia, who stated he did not have an electrical license. Mr. Oliva claimed that Mr. Garcia has a Texas Electrical Journeyman’s license (TX# 18027). However, staff determined during the hearing the journeymen’s electrical license presented by Mr. Olivia for Mr. Juan Garcia is not an employee of Lamp Lighter Electrical. The electrical license was issued to Mr. Juan Garcia who is an employee of Cervantes Electric, Inc., a company owned by Board member Paul Cervantes. The Board passed a motion finding Lamp Lighter Electrical in violation of City of Corpus Christi Code of Ordinances, Section 14 -206, Subsection 2.6.1.3, “Any gross negligence, incompetency, or misconduct in the performance of electrical work within the jurisdiction of the city.” On October 1, 2019, City Inspector Richard Rios performed an electrical rough inspection at 1517 Westridge Boulevard and witnessed an unlicensed individual working on the building’s electrical system. Mr. Oliva stated his son, a Texas master electrician, was supervising the work but had temporarily left the site when Inspector Rios arrived. The Board unanimously passed a motion finding Lamp Lighter Electrical in violation of City of Corpus Christi Code of Ordinances, Section 14-206, Subsection 2.6.1.3, “Any gross negligence, incompetency, or misconduct in the performance of electrical work within the jurisdiction of the City.” The Board deliberated on disciplinary action for all three allegations. A motion to suspend the City electrical contractor registration for Lamp Lighter Electrical for a period of six- months was passed unanimously, with one abstention, during the November 21, 2019 regular meeting. On December 11, 2019, Lamp Lighter Electrical Contractor filed appeal of Electrician Registration suspension. Suspension stayed for appeal. ALTERNATIVES: Possible Motions for City Council consideration: A. Motion to deny the Appellant’s appeal {thereby Lamp Lighter Electrical Contractor’s would complete suspension ending July 18, 2020}. B. Motion to modify the Board’s Decision {Electrical Registration may be suspended up to one year and Electrical Registration may be revoked for a term between one and three years}. C. Motion to reverse the Board’s Decision {Finding of not guilty and no suspension or revocation} FINANCIAL IMPACT: This item has no financial impact to the City. RECOMMENDATION: Staff recommends denial of the appeal. The use of unlicensed and/or unsupervised electrical workers: (1) is a violation of Texas Department of License & Regulation & City of Corpus Christi regulations; (2) creates an unacceptable safety risk to building occupants and the public; and (3) creates an unfair business advantage over a company operating in accordance with the rules. LIST OF SUPPORTING DOCUMENTS: Transcript of Electrical Advisory Board Meeting November 21, 2019 Notice of Board Hearing – Lamp Lighter Electrical Mr. Gamaliel S. Oliva’s Appeal Presentation – Lamp Lighter Appeal LAMP LIGHTER HEARING Electrical Advisory Board Thursday, November 21, 2019 at 3:30 p.m. Frost Bank Building, 2406 Leopard, Corpus Christi, Texas 3rd Floor Training Room 1 TRANSCRIPT 24:45: Gamaliel Oliva (Lamp Lighter): Guys, I’m Abram Oliva, with Lamp Lighter Electric. Gene Delauro (Building Official): I’m going to read into the record the background, if you will. So, on August 13, 2019, at 3622 Dalraida Drive, Development Services Inspector Ruben Hernandez witnessed an unlicensed individual, Mr. Billy Bowman, working on the residential building’s electrical system. An electrical permit, R87242E, had been obtained by Lamp Lighter Electric to perform the work. On August 14, 2019, at 6633 Evans Drive, Development Services Electrical Inspector Ruben Hernandez witnessed twelve unlicensed individuals’ working on the commercial building’s electrical system. An Electrical permit, C64267E, had been obtained by Lamp Lighter Electric to perform the work. On August 28, 2019, at 6901 New York Drive, Development Services Inspector Ruben Hernandez witnessed an unlicensed individual, Mr. Juan Garcia, working on the residential building’s electrical system. An electrical permit, R77083E, had been obtained by Lamp Lighter Electric to perform the work. On October 1, 2019, at 1517 Westridge Boulevard, Development Services Inspector Richard Rios witnessed two Texas-licensed electrical apprentices working on the residential building’s electrical system without any on -site supervision. An Electrical permit, R85358E, had been obtained by Lamp Lighter Electric to perform the work. The code violation is City of Corpus Christi Technical Construction Code 14- 205 (1) Electrical Licensing Law. A notification was certified mail was mailed to Lamp Lighter Electrical on October 21, 2019. On October 17, 2019 the Electrical Advisory Board met and determined that the violations are sufficient to support further action and set a public hearing on the matter for November 21st, 2019. Staff declines to offer a recommendation in the absence of information to be presented by Lamp Lighter Electrical at th is hearing. And, so Richard and Ruben you were the ones that witnessed these individuals. Can you describe what you saw? 2 Ruben Hernandez (Electrical Inspector): I guess the first one you read was Dalraida? Gene Delauro: 3622 Dalraida. Ruben Hernandez: I don’t believe that was Lamp Lighter. Gamaliel Oliva: No, that’s not mine. *coughing, rustling papers, unintelligible* Ruben Hernandez: Can I get a copy? Kristy Glick (Board Secretary): Yes. James Hernandez (EAB Chair): So, the first one, August 13 on 3622 Dalraida, you are stating that is not their job or permit? *cross-talking* Gamaliel Oliva: *unintelligible* …That wasn’t me. Unknown: Different contractor? *cross-talking* Ruben Hernandez: I don’t remember who that contractor is. Small guy… *cross-talking* James Hernandez: I’d like to make a motion to drop, remove permit number R87242 from Lamp Lighter’s case. David Carranco: Second. James Hernandez: All those in favor… Board Members: Aye. James Hernandez: Any opposed? Ruben Hernandez: Ok, do I go on? James Hernandez: Yes, Sir Ruben Hernandez: The second one, on August 14, 2019 that’s 6633 Evans Drive. I’ve been over there several times with their inspections, dealing with their foreman on -site. *unintelligible* so I did my inspections, of course. Towards the end of the project I started seeing, I guess, deficiencies in the electrical install and started looking closer and I questioned his workers out there on the site and I asked the foreman how many men he had on site. He said he had eleven electricians. I said ok I need to see everybody, and I got everybody together and I asked each one for their license. And out of all them people 3 only one guy had a journeyman license. *unintelligible* No apprentices had licenses and like I said, only one journeyman. Board Member: Out of eleven people? It was eleven people, not twelve? Ruben Hernandez: Yeah. Board Member: *unintelligible* only one journeyman? James Hernandez: Mr. Oliva, have you… Ruben Hernandez: …and the foreman did not have a license. *Cross-talk* The foreman was not the journeyman. One was of the workers was a journeyman. James Hernandez: Mr. Oliva, have you made steps to… Gamaliel Oliva: ...yeah, well for one thing the foreman had a journeyman license when we hired him and he *unintelligible* journeyman license. James Hernandez: Was it expired at the time? Gamaliel Oliva: When I hired him he had it, I don’t know if it expired, or what. Ruben Hernandez: It was expired. Gamaliel Oliva: It was expired? *unintelligible* Well, we didn’t hire him just without a license and we had one fella, current license, the journeyman license, we had my son-in- law, Mark Johnson(?), had a license, *unintelligible, coughing* my son has a master license, I have a master license. We were on and off. We had some extra guys there because it was the end of the job and we had some guys cleaning. Those other guys were working *unintelligible*. You got different people doing different things on a job. In this place you had some that *unintelligible* also have those that clean the places and they are not *unintelligible*. So we had, at the end of the job, *unintelligible* at the end of the job we had *unintelligible* of extra people help us to clean and*unintelligible* we were trying to finish the job because Norman knows they were trying to smooth *unintelligible* we were behind. And now we have the guys that we have four journeymen, two master electricians, and all the other guys they’re gone who were temporary workers. You know. *unintelligible* were finishing the job, Norman knows that , he was there. And sometimes you need the extra hand *unintelligible* and you know *unintelligible* something and… that’s it. Board Member: So, on August 14, there was, like, nobody licensed? Gamaliel Oliva: August 14, what was that one? 4 Board Member: That was the first one. Gamaliel Oliva: On New York? Staff: Evans. Gamaliel Oliva: My son was there, I don’t know *unintelligible*. He’s a master electrician. Board Member: When the inspector showed up he wasn’t there because if he knew your son was there, he would have noted it on the notes. Our notes, that we’re reading, he wasn’t there. Gamaliel Oliva: But you know, all this has been corrected. The help that we needed *unintelligible* all the time, once in a big while. So they are all gone. They are not helpers. One time we had fifteen electricians from the union, there was, you know, and uh, we couldn’t afford how they *unintelligible*. Board Member: But the day in question you had zero journeymen, zero masters, correct? Gamaliel Oliva: No, they were…*cross-talk* One had a journeyman, and the foreman had a journeyman license. Board Member: Correct me if I’m wrong, but the ratio should be three helpers for one journeyman, correct? Gamaliel Oliva: Yeah, but the other guys were helpers *unintelligible* cleaning and stuff. Board Member: But *unintelligible* that my rule, *unintelligible* if you’re an apprentice, don’t you need a license? I mean, you’re taking *unintelligible* jobs, doesn’t that seem correct? You’re taking materials to a job site, so therefore by the rule and definition you’re an apprentice. Gamaliel Oliva: *unintelligible* they were taking it out of the building. Board Member: But he just said right now they were taking all kinds of material. I’m confused. Doesn’t that make you an apprentice? *cross-talk* Board Member: What is this facility at, at 6633 Evans Drive? Gamaliel Oliva: It’s a school. Board Member: It’s a school? Ok, so we had nine people working in a school with children around, installing electrical. *cross-talk* 5 Norman Walters (Chief Electrical Inspector): There were no children at that time; it was under construction. Gamaliel Oliva: Norm was there doing some of the inspections, and you know, he didn’t let us go with anything wrong. I was there, my son was there, sometimes you cannot be there. Board Member: Ruben, you said you noticed deficiency in the workmanship, *cross-talk* prompted you to make *unintelligible* and all of the deficiencies of an electrical nature *unintelligible*. Ruben Hernandez: Yes: wire sizes, wire fills, conduit fills, box fills *cross-talk*. Gamaliel Oliva: We corrected everything when Norman was there the second time to check we did have some, basically *unintelligible*. Board Member (?): *unintelligible* Gamaliel Oliva: No, absolutely, you are right. Norman Walters: If I may, when we first found the pipes that were overloaded, I talked to his son and asked him if this is all the service panels throughout the entire building, and they told us yes. We had them make all the corrections, when I came back the next time, I said let’s go through the rest of the building , I found two more locations in closets that they forgot to mention, and they had the same problem. Board Member: How big is this school, where’s it at? Gamaliel Oliva: Near Weber on Saratoga. Several: Science, the science school. Gamaliel Oliva: I remember what Norm was telling us, but I think *unintelligible* because it was in a closet. I mean… Norman Walters: It wasn’t a closed closet; it was like a utility closet. Board Member: If I can, listening to this *unintelligible* unlicensed workers working on the electrical job that had deficiencies twice, at least, so *unintelligible*. Board Member: How many red tags were on that job site? Ruben Hernandez: On that job site? I would think, I want to guess, at the end it was like, three… Richard Rios (Electrical Inspector): I know I did two. Norman Walters: There were numerous ones. 6 *cross-talk* Board Member: *unintelligible* Norman Walters: Yes. Board Member: *unintelligible* James Hernandez: Has it since got a C of O or green tag? Richard Rios: Yes, it finally passed I believe yesterday. The final. Board Member: The people in there were in violation, but yet they got a C of O? Norman Walters: No, what they were held up for is they were waiting for the NEC plaque to put on the panels on the outside, so they were operating on a temporary C of O so he could have the kids in there. We were waiting for that data to make sure it was on the main distribution panel that’s required by the code. And that’s what he wasn’t finished up on. Board Member: *unintelligible* violations? Norman Walters: They are already- those had already been cleared at that time. Board Member: Is this like a pretty complicated project compared to other things that get inspected? I mean, it’s a school, it’s got a lot of different things going on, but would it be just a standard thing that any master electrician shouldn’t have issues with? Norman Walters: Any master electrician should have been aware of some of those problems, yes. Board Member: Is it normal that the City go back-and-forth with these contractors to get things corrected? Norman Walters: Yes, if there’s a violation type of deal, we’ll return as many times as necessary- Board Member: -Yeah, no, I’m not questioning that, I’m just, I mean… Board Member: I think I can answer in defense of the City , is that, you know, their inspectors are there to help us- Board Member: -Yeah, I’m not questioning the City, I’m just, is it normal for the City to have to keep going back-and-forth to get people to get the quality you’re that looking for? Norman Walters: It’s not uncommon, no. James Hernandez: I’d like to make a motion for the gross negligence and the, um, *cross-talk* misconduct, or incompetency. If I could get a second? 7 Board Member, Lyndon Smiling (Board Member): I second. Kristy Glick: Wait… Give it to Lyndon? Ok, so, vote on whether to find them in violation for permit number C64267E at 6633 Evans Drive; I’ll call your name, say aye if you agree, and nay if you don’t. Paul Cervantes? Paul Cervantes: Aye. Kristy Glick: William Ashcraft? William R. Ashcraft: Aye. Kristy Glick: John McMullan? John McMullan: Aye. Kristy Glick: David Carranco? David Carranco: Aye. Kristy Glick: Lyndon Smiling? Lyndon E. Smiling: Aye. Kristy Glick: James Hernandez? James Hernandez: No vote. Kristy Glick: No vote. Ok, motion passes. *cross-talk* James Hernandez: Gene, if you could read the second one? Gene Delauro: Sure. On August 28, 2019, at 6901 New York Drive, Development Services Inspector Ruben Hernandez witnessed an unlicensed individual, Mr. Juan Garcia, working on the residential building’s electrical system. An electrical permit , R77083E, had been obtained by Lamp Lighter Electrical to perform the work. Gamaliel Oliva: We need, he does have a license and the number is 18027, expires 8/16/2020. *cross-talk* It was a journeyman license, one person *unintelligible*. Board Member: So, he didn’t have it on his person? He didn’t have it on him, his license, is that what the case is? Gamaliel Oliva: I don’t know if he had it at home *cross-talk* He has it and I gave you the number. Board Member: What was that number again? Ruben Hernandez: When I asked for the license, he said he did not have one. He showed me his driver’s license. 8 Board Member: It is a violation, he wasn’t licensed during *cross-talk*… Gamaliel Oliva: He didn’t have it in his possession, but he had it, and that’s the number, numbers don’t lie, his number is 18027. Board Member: When you *unintelligible* what was he doing? Ruben Hernandez: He was inside working on… I did not see him at first, I went in there for a final inspection and he was walking around and I looked in this room and saw wires coming out of the wall and I’m thinking “What’s going on here?” Then he came up behind me and I asked him if he was working on that and he said, “Yeah, I was working on this, but he’s not finished,” okay. Then I asked him for his license… Board Member: *unintelligible* Ruben Hernandez: I’m sorry, I correct that, it was a service release. Gamaliel Oliva: At that moment Alex was with him, he went to the store also. Board Member: I mean, an unlicensed person working on a service release on a new house? Ruben Hernandez: He was working inside the house. A new house, yes. Board Member: Plugs, switches..? Gamaliel Oliva: But he had a license. It wasn’t on him, but he had a license. Board Member: Was that an apprentice license or a journeyman license? Gamaliel Oliva: No, it is a journeyman license, I gave him the number. Board Member: Yeah, I got that. Did he have his license not on him at the time? Gamaliel Oliva: I, I, I, no he has um *unintelligible*. Days pass by…several people you know *unintelligible* Board Member: *crosstalk* I check mine, I was asking *crosstalk* Gamaliel Oliva: Everyday? Board Member: Everyday, I got 3 of them. Board Member: I carry mine. I carry mine right now. *crosstalk* Board Member: Are you a journeyman? Gamaliel Oliva: Yes, you’re right. Board Member: Are there any more questions from the Board? Board Member: I’d like to make a motion. Um, one more question, do you have any proof, besides what you’re telling us that this man Juan Garcia wasn’t licensed? 9 *unintelligible* Board Member: No, we found it on the phone but what he’s asking for is like the license from that individual or Gamaliel Oliva: Of the moment? No, I I um moment *crosstalk* I discuss with him, he has it, he carries it around but *crosstalk* he was there with it. He was there when he went to the store. Board Member: Are you a journeyman or an apprentice? Witness: I am sir, yes sir. Board Member: A journeyman? Board Member: So, 2 journeymen have a house? *crosstalk* Um, we can table this and then bring Mr. Oliva back with that proof. Um, what did you look up? So, um I when I did look it up and there was a Juan Maldo Juan Garcia uh but that is a common name. *crosstalk* So, there’s nothing to it uh. What they’re asking for Mr. Oliva is if that Electrician has his license now and if he has proof he can show us uh for it. Gamaliel Oliva: We have a copy on the phone. Board Member: That’s what they’re uh mentioning on the Board is that uh it’s a common name Gamaliel Oliva: Oh. Board Member: And so we just want to make sure it wasn’t somebody that matched names and Gamaliel Oliva: Yea yea, no problem *unintelligible* Commenter: Did Juan Garcia have dark glasses? Commenter: Uh, I want to say he had a Mexico license if I remember correctly. Commenter: Carrying it on him or did he have a wallet or anything? Commenter: I’m sorry. Commenter: Did he have a wallet or? Commenter: Yea, he pulled a wallet. *crosstalk* That’s what he provided. Board Member: Is that any of the individuals that were up on the first job? Commenter: No, no, no, no, no, no. Board Member: Ok, I’d like to make a motion to the Board if Lamplighter is guilty of incompetence, gross negligence or misconduct. 10 Board Member: Second. Kristy Glick: Ok, so on the case for permit number R77083E at 6901 New York Drive, I’ll call your name and say aye if you agree and you find them in violation, and nay if you do not. Paul Cervantes? Paul Cervantes: Aye. Kristy Glick: William Ashcraft? William R. Ashcraft: Aye. Kristy Glick: John McMullan? John McMullan: Aye. Kristy Glick: David Carranco? David Carranco: Aye. Kristy Glick: Lyndon Smiling? Lyndon E. Smiling: Nay. Kristy Glick: James Hernandez? James Hernandez: No vote. Kristy Glick: Ok, motion passes. Gene Delauro: On October 1, 2019, at 1517 Westridge Boulevard, Development Services Inspector Richard Rios witnessed 2-Texas licensed electrical apprentices working on a residential building’s electrical system without any on-site supervision. An electrical permit of 85358E had been obtained from Lamplighter Electrical to perform the work. Richard could you describe what you witnessed. Richard Rios: I witnessed one gentleman making joints at a switch box and another one basically trying to *unintelligible* …to send it to a different location. Board Member: Was this a rental? Richard Rios: Yes, it is a ready home *unintelligible*. Board Member: Mr. Oliva, did you have *crosstalk*? Gamaliel Oliva: *unintelligible* Well, um my…but from the, he told me the happens that uh Mr. Rios come by and uh he didn’t even go in the house. That uh he had just get left for the store. He said he was coming back and he said didn’t listen to him or nothing. *unintelligible* that’s what happened. 11 Board Member: I’m sorry, I guess what happened is he found him working at the house. Inside the house. Gamaliel Oliva: Did he go in? Board Member: Inside the house. Gamaliel Oliva: Did he go inside the house? *crosstalk* Commenter: *crosstalk* this is not the first time. Board Member: Any questions for the Board? Board Member: Uh, I’d like to make a motion for Lamplighter Electric on 1517 Westridge uh that, I forgot, that gross negligence, misconduct or incompetency. Is there a second? Board Member: Second. Kristy Glick: Ok, so I’ll do a roll call vote. Please say aye if you agree, nay if you do not. Paul Cervantes? Paul Cervantes: Aye. Kristy Glick: William Ashcraft? William R. Ashcraft: Aye. Kristy Glick: John McMullan? John McMullan: Aye. Kristy Glick: David Carranco? David Carranco: Aye. Kristy Glick: Lyndon Smiling? Lyndon E. Smiling: Aye. Kristy Glick: James Hernandez? James Hernandez: No vote. Kristy Glick: Motion passes. Board Member: Are we going to do these individually? Buck Brice: Sometimes Boards do them altogether *unintelligible* I recommend all together. Commenter: Take it to the Board? Board Member: An aye or nay vote, on if you want to do all three together or individually. Board Members: Together, together, together…aye, aye *unintelligible* any names? The ayes passes. Next is uh part of the punishment to suspend or revoke. 12 Commenter: So, are those the only 2-choices you have? Suspending? Buck Brice: Yes….again the suspension is anywhere from 0-1 and revocation is from 1- 3 years Commenter: *unintelligible* Buck Brice: Suspend is 0-1 year and revocation is 1-3 years*unintelligible*. Board Member: Mr. Oliva, I guess before we vote, would you like to say anything on your behalf? Gamaliel Oliva: Uh, well, I’ve been in business almost 40 years you know. Maybe *unintelligible* we just got a big job. *unintelligible* it’s not necessarily what happened. Board Member: From this point on, would you make actions to correct Gamaliel Oliva: No, no they already have *unintelligible*. I guess you learn your lesson *unintelligible*. I do not want to repeat, I have the names of those who worked for me Alex, Mark, my son-in law, *unintelligible*. Sometimes you have to finish a job *unintelligible* things that happen in life. I been 40 years doing this *unintelligible*. You don’t get some money if you don’t finish. We hope nothing happen again *unintelligible*. Gamaliel Oliva: Ah, well the foreman actually when we do that he didn’t have a journeyman license *unintelligible*. *crosstalk* Board Member: I am recusing myself because I do know you Mr. Oliva uh but the Vice- Chair will take over from there *crosstalk*. Board Member: It’s sad, because I’m a Master Electrician and so is James. We are here because *unintelligible* we care about the City of Corpus *unintelligible* we want a safe product *unintelligible* I’m going to recommend not to revoke your license, but I am going to recommend suspension cause I think that your company *unintelligible* multiple violations and I think that’s the problem here and as a Master you should be more accountable for your guys and like I said, I am going to recommend suspension. *crosstalk*. I make a motion to recommend suspension from Lamplighter license. Board Member: Second. Kristy Glick: Um, Paul Cervantes? Board Member: So, before we vote, can I just….so, we think this is serious enough that it’s gonna happen now? Now I don’t enough about electrical contracting work. 13 Board Member: If it was 1-violation, I could see saying don’t do it, but this is a multiple repeat, something has to be done. In my opinion. Commenter: And given the fact that 2-different inspectors found violations and if we don’t, as a Board, we’ve gotta step up and back you guys up because if not it will give them credibility *unintelligible* all that stuff matters. Commenters: Back when I was a helper, not to interrupt, I was scared of the Inspector. I remember going oh wow, here comes the Inspector, I was scared, I’m being honest. The whole thing with the licensing, they go take the test with the State and then the City use to have one and that’s what they; basically, *unintelligible* make your Contractor do what you’re supposed to be doing. In a perfect world, we wouldn’t need Inspectors. I can tell you that just working with the *unintelligible* the company I work for, they stay on top of us, constantly State licensed, up to date, monthly. This is something that does need to be corrected and action does need to be taken today. Kristy Glick: Ok, so we have a motion and second for suspending their registration. So, as I call out your name vote aye to approve suspension or nay to not approve. Paul Cervantes: Aye. Kristy Glick: William Ashcraft? William R. Ashcraft: Aye. Kristy Glick: John McMullan? John McMullan: Aye. Kristy Glick: David Carranco? David Carranco: Aye. Kristy Glick: Lyndon Smiling? Lyndon E. Smiling: Aye. Kristy Glick: and then James is abstaining. Kristy Glick: Motion passes. So now you are going to determine how long to suspend the registration? Board Member: I make a motion, again I’m in the same boat as everyone *unintelligible*. In my opinion, I would say 6-months suspension. Gamaliel Oliva: Excuse me, I didn’t hear you. 14 Board Member: I said I can appreciate the fact that everybody needs to make money and they need to have a livelihood and that’s the reason I would vote to suspend, not to revoke, your license and I would offer up a 6-months suspense on your license. Kristy Glick: Corrected and added Registration with the City. Board Member: Registration with the City. Gamaliel Oliva: Could you make it less, 3-months or so. Board Member: *unintelligible* I second it. Kristy Glick: Ok, so there’s a motion and second so I’ll do a roll call vote, so if you are in favor of the 6-month suspension vote aye, if you are not in favor of the 6-month suspension vote nay. Paul Cervantes: Aye. Kristy Glick: William Ashcraft? William R. Ashcraft: Aye. Kristy Glick: John McMullan? John McMullan: Aye. Kristy Glick: David Carranco? David Carranco: Aye. Kristy Glick: Lyndon Smiling? Lyndon E. Smiling: Aye. Kristy Glick: Ok, the 6-month suspension passes. *crosstalk* Council Presentation February 18, 2020 Appeal of Electrical Advisory Board’s Suspension of City Electrician’s Registration for Lamp Lighter Electrical Contractor 1 2 On August 14, 2019, City Inspector Rueben Hernandez observed unlicensed individuals performing electrical work on site at 6633 Evans Drive. On August 28, 2019, City Inspector Rueben Hernandez observed electrical work in progress at 6901 New York Drive by an unlicensed electrician on site. On October 1, 2019, City Inspector Richard Rios witnessed an unlicensed individual working on the building’s electrical system at 1517 Westridge Boulevard. Events 3 On October 17, 2019, the Board voted to hear the violations alleged against Lamp Lighter Electrical Contractor. On October 21, 2019, Notice of Hearing was sent by certified mail. On November 21, 2019, the Electrical Advisory Board held a hearing for the violations alleged against Lamp Lighter Electrical Contractor with Lamp Lighter Electrical Contractor present. Timeline 4 Pursuant to the Section 14-206 of the Corpus Christi Code, •the Electrical Advisory Board (Board) found Lamp Lighter Electrical Contractor guilty of gross negligence, incompetency, or misconduct in the performance of electrical work on three occasions. The Board suspended Lamp Lighter Electrical Contractor’s Electrical Registration for a term of 6 months. On December 11, 2019, Lamp Lighter Electrical Contractor filed an appeal of Electrician’s Registration suspension. The suspension is stayed for the appeal. Suspension of Electrician’s Registration 5 City Staff supports the decision of the Electrical Advisory Board. The use of unlicensed and/or unsupervised electrical workers: is a violation of the Texas Department of Licensing & Regulation (TDLR) & City of Corpus Christi regulations; creates an unacceptable safety risk to building occupants and the public; and creates an unfair business advantage over a company operating in accordance with the rules. City’s Response to Appellants Appeal 6 City Council may: Deny the Appeal Lamp Lighter serves 6-month suspension; such suspension ending July 29, 2020. Modify the Board’s Decision Electrical Registration may be suspended up to one year, or Electrical Registration may be revoked for a term between one and three years. Reverse the Board’s Decision Finding of not guilty and no suspension or revocation. FINAL ACTION